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Traffic Accident in a parking lot!!!?
OK. My mom and I where beginning to pull out of our local gas station's parking lot when all of a sudden a blazer who was going over the speed limit turns into the parking lot and a small accident between my moms vehicle and the blazer occurs. We hadn't even pulled up enough to pull into the highway when the blazer shot in front of us and we both collided. They gave us a ticket I do not know about the other driver but we went to court and they judge through the failure to excess due care ticket out of court. At the time my moms insurance was expired because she had forgot to reinforce it but this other person's insurance company is saying that we owe them 3000 for damages done to the other persons vehicle. It didn't leave but a minor dent on the door! But anyways, we where not proven guitly in court of causing the accident and I was just wanting to know if there was any way that the insurance comany could make us pay it because it was as much as the blazers fault as it was ours. Any advice appreciated. Serious answers only! My mother and I are very safe drivers we have never had a traffic ticket before this one. I just want advice because that seems like a lot of money for a dent on a blazer. We also live in tennesse if this helps and like i say the accident didnt even happen on the highway the blazer whipped in front of us while we where pulling away from the gas pumps.
4 Answers
- 1 decade agoFavorite Answer
Getting the ticket thrown out doesn't mean you're not at fault. Rather, it just means that the officer couldn't meet the burden of proof for the charge on the ticket. (You went to court for failure to exercise due care, not for a crash.) It's pretty easy to get a ticket from an accident thrown out because the officer usually did not witness the violation. Most accidents that I handle at work don't have any tickets issued for that very reason. The description you gave is kinda vague, but it does sound like you could be at fault. Do you have a copy of the police report? That would go a long way to explaining why the other insurance company is considering you at fault.
What the insurance company is doing is called subrogation. Their investigation is showing that you are at fault for the accident. Their insured went through their own coverages for their damage and the carrier is now pursuing you for the damages. If your insurance had been in effect, it would be handled by your insurance company under liability coverage. As far as the amount of the damage, you'd be surprised how quickly things can add up on that. Also, if the other person used a rental car, that expense would be included in that amount. The insurance company should be able to provide an itemized estimate and documentation of all payments made on the claim. (edit: others are saying that they should be able to provide three estimates. This is not necessary... and keep in mind, the insurance company isn't going to write or approve a high estimate, because that's what they have to pay first. They already paid out for the damage and are seeking to recover what they paid. They're not looking to make money off of you above recovering the amount they paid. If you get that estimate from them, and it was written by their adjuster, I'd bet every part is either aftermarket or reconditioned and that the labor rate is discounted too.)
Source(s): Auto claims adjuster - lucyLv 71 decade ago
daylight is on the money.
insurance companies do not overcharge for any repairs. their goal is to the pay the least amount owed to put the auto back to where it was pre-accident.
unfortunately since your mother did not have insurance, she has no one to fight for her. her insurance company may have found that she was at fault and paid for the other cars damages, or could have found that the other person was also responsible and fought it.
as for the ticket, makes no difference. getting a copy of the police report might help to explain why they are finding your mother at fault. the officer may stated he believed she was at fault and that is the reason she got the ticket. most reports will have a narrative, which means that it will state what your mother said and what the other guy said on how the accident happened.
also, check with the gas station and see if they have video cameras. some do due to robberies. but most likely would be in the inside and may not be able to see anything in the lot. if you find out they have, ask to see it. that would be the only way to either prove or disprove fault.
good luck
- misskittyLv 51 decade ago
If yall received the ticket then the cop found you at fault. I would go to the police station and request a accident report. They should give yall a copy. Did you get pictures? Also request 3 estimates from well known body shops, don't take the insurance adjuster's word of how much it is. What exactly did the judge do? Dismiss the case? Check to see if any video cameras recorded this in the parking lot. If ticket was dismissed I would tell them to kiss your, well you know. If push comes to shove you may have to hire an attorney. Good luck.
- 1 decade ago
I am not sure about Tenn, but a lot of states have it where an accident in a parking lot (or similar) is always 50/50 meaning no one is considered more at fault then the other and all costs are split evenly.
$3,000 for no damage???!!!!! I would ask the insurance company for a detailed list of all the charges to include at least three estimates from a body shop to repair the damage.
Best bet---- Get a lawyer.