Need some advice - had a fender bender and need some guidance please

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mustang54

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I was traveling south in shopping center parking lot, at the end of the row there was an end spot on the right that I was slowly turning into, an elderly woman 74 yrs old was traveling west in the adjoining aisle, she made a right and she turned into me while I was parking, probably aiming for the same spot- damage to my car is scuffs on my drivers side bumper cover and the fender has tiny scrape no big deal - headlight is not broken or scratched but appears that the hit loosened it inside. She jumped out of car in her fur coat and starting yelling at me and said she was calling the police. I called my husband who works 2 minutes away and works for our local township. Cop took our statements. However the woman kept changing her story, and the cop mentioned that to her and me, first it was she didn't see me because she was looking straight ahead and she was going to the Chinese take out- then she said that I turned into her by making a wide right turn, but the cop said to her and me, but the lady (me) is in the parking spot and was l/2 way into the spot how could you have not seen her. She insists I turned into her. Her damage is on the passenger door and fender where they meet but very minor - Also I have black marks on my lower bumper cover which indicates her tire went into me as well. The cop said he can't put it in the report but says that the accident was caused by her not paying attention but according to insurance companies today this will be a 50/50 deal. No injuries, thank goodness.

I went to a body shop this morning to get an idea since I have a $1,000 deductible. The estimate lists alot of things that I don't agree with, i.e, replace license plate bracket? why? the car did not get hit in the front? replace the front emblem? blend in left fender, why the accident was on the left side.

Any way I called back the insurance company and they said that their adjuster needs to see the car and he will determine what the final number is. She also said do you want to go after the other insurance company? I said I just want my car fixed and you haven't determined whose at fault yet. She said the adjuster will give me a check also if I agree with the amount.

My question is: do I go after the other insurance company? Or just have my company fix it and end it. The rep said that it could take months before all statements are made and recorded and then both insurance companies decide who is at fault and at what percentage. What do I do? I have a 2009 car with under 12K and it is brand new. She had a 2004 car and not sure if she had collision. If I have one version and she has another version how does the insurance company finally come to decision?

Also I must add - I have been driving for 40 years. I have never had an accident or a ticket! That has to say something.
 
No one got hurt, so why would I want to sue? And whom the other insurance company?
Are your saying that if I accept payment for the claim and have the car fixed then the claim is closed?
I have no plans of suing. The other party did not get hurt and it is on the police report as well.
 
If you have no intention to sue then I am not sure what your question is.
If you are happy with the decisions that have been made in this case then sure, cash the check and get your car repaired.

As you describe it, if I were you I think I might be very peeved at my insurance company for not working this out. The other person's insurance should be covering your cost.
 
If the liability is 50/50 which in most cases in a parking lot fender bender it is, regardless. Then i would be liable for 50%.
My insurance company would try to get the other 50% back. But the other question is: the other driver has a different version of the story. She is an old lady 73 yrs old - sits low in her seat, wears thick glasses and swears she was not at fault and said to the officer and me she was not looking to the right looking straight ahead at the chinese restaurant sign since she was picking up food. which she never picked up anyway. Am I at fault? Time will tell. Tomorrow I go and see my insurance adjuster.
My biggest fear at this point - can she sue me personally for the 50% IF it is deemed 50/50? I never had an accident in 39 years.
No tickets either. I am at a loss and very upset. I have only SIDE damage, she has only Side damage. I still mantain she turned into me while I was trying to park my car. Can you give me any advice?
 
Any chance there are parking lot cameras in that area? if this happened recently you might be able to get something useful from them.

Remember that the 50/50 determination was made by the insurance company. The police report likely did not list either driver as being at fault. If you can come up with a way to show that it was more the other driver's fault than your own then you may have some success.
 
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