Fault

[j panther]

Jurisdiction

Arkansas

My family and I were at a local restaurant in town. As we left I backed up and put my car in drive started to go and a lady from the other side backed up and hit the back drivers side of my car on the corner. She admitted fault to the police and said she was not paying attention while backing up. but since it was in a parking lot the would be no report made. We did find out about an hour later if we tell the police to make a report they will. But her insurance is trying to say it was a 50/50 accident even though I was completely out of the spot and in drive starting to go strait. Is there anything I can do if the police don't put in the report that she that she said she was not paying attention?

 

[Highwayman]

The police report doesn't mean much.

So I assume that now she's changing her story?

 

[j panther]

The police report doesn't mean much.

So I assume that now she's changing her story?

Yes

 

[Betty3]

Did you report the accident to your car ins. co.? Let them handle.

 

[adjusterjack]

Is there anything I can do if the police don't put in the report that she that she said she was not paying attention?

Sure. Two options.

1 - If you have collision coverage make the claim on your own policy and then your company will decide if it's appropriate to go after the other driver.

2 - If you don't have collision coverage or you don't want to use your insurance then you can sue the other driver in small claims court and try to convince the judge that the other driver was 100% at fault.

I have to tell you, though, that when two cars back out of parking spaces and collide, and the only stories are coming from the drivers and maybe their own passengers, the testimony is biased and self serving, each one blaming the other so even the judge is likely to call it a wash and rule 50/50.

You are free to take your chances in court if you like. No guarantees as to how it plays out.

It would be another story if you could find the police officer to whom she admitted fault and get him into the courtroom but did you even take down the names of the officers?

 

[Highwayman]

I have to tell you, though, that when two cars back out of parking spaces and collide...

According to the OP he was not backing up. He had backed out of his space and was moving forward when the other driver backed into him.

 

[adjusterjack]

The operative phrase there is "According to the OP."

Note that the point of impact to OP's car was

the back drivers side of my car on the corner.

Which might indicate that the OP's story might not be credible if the other driver says he was backing into her.

And without other witnesses it could go 50/50.

 

[j panther]

The operative phrase there is "According to the OP."

Note that the point of impact to OP's car was



Which might indicate that the OP's story might not be credible if the other driver says he was backing into her.

And without other witnesses it could go 50/50.

I have her statement from the police stating I was stop and she backed into me

 

[army judge]

I have her statement from the police stating I was stop and she backed into me

As suggested, share that with your insurance agent, or insurance customer service to discover your next steps.

 

[j panther]

As suggested, share that with your insurance agent, or insurance customer service to discover your next steps.

I did on Friday and no response form the other insurance agent.

 

[army judge]

I did on Friday and no response form the other insurance agent.

Not the other agent, YOUR insurance agent or customer service hotline.

Always contact your insurance company when you're involved in any accident.

Read your policy, it's required, no matter who's determined to have been at fault.

 

[j panther]

Not the other agent, YOUR insurance agent or customer service hotline.

Always contact your insurance company when you're involved in any accident.

Read your policy, it's required, no matter who's determined to have been at fault.

My agent sent it to her agent.

 

[army judge]

My agent sent it to her agent.

Then your best play is to wait, remain silent, see what develops.

If your agent can't help, strangers on the Internet certainly can't help, either.

 

[Highwayman]

The the police gave you a copy of a written statement that the other party wrote out and signed at the scene of the accident?

I have never heard of or seen such a thing happen.

 

[Betty3]

My agent sent it to her agent.

If it was just on Friday, give it time.

 

[mightymoose]

Photos of the damage would make it clear which vehicle backed up into the other, however I also would expect damage in this case to be minimal.
As advicee, report to your own insurance company and let them work it out with the other company. That will get your best result with the least hassle.

 

[adjusterjack]

What is all this about "agents"? Agents don't handle claims, claim reps do. You either talk to the claim rep of your insurance company or the claim rep of the other driver's insurance company.