neighbor hit parked car

[russmanj]

in private town home community, my girlfriends was parked perpendicular to the back of my driveway. her car looks to be hit by neighbor across the street (as he was backing out of his drive). no witnesses, but there are marks on both his and her car at identical heights, as well as white paint was "scratched" into her window exactly 41 inches where his spoiler has missing white paint. the angle of him backing out and matching marks on his and her car make the evidence almost indisputable. his claim is that no one saw, and furthermore her car was parked illegally. there is NOT a "no parking" sign posted on the side she was parked on, but on his side there is. our neighbors in the use the same parking style on BOTH sides and never once has management or anyone expressed the parking as a problem (the neighbor in question has even parked the same way).

the damage is in excess of $1300. cops were unable to do anything due to the private property. to me, the evidence is clear (not to mention that neighbor was up until 1am the night before drinking and had to leave for work around 6am, which raises question about BAC, in a hurry, impaired, etc). No other vehicle could have left the paint/a scratch in her window that matches identical to his spoiler. my small fear is of the parking. though it is not posted, if it is considered a "no parking zone" how would this alter the case? it would seem that in a private area, a no parking sign would be under discretion of the property management. and if it is parked illegally, is a person allowed to hit it and get away with it?

he is denying guilt so not giving any insurance info. i have pictures of both his and her car, the damages, measured heights with tape measure of all 4 areas (2 on his and hers that match), and also pictures of other cars in the neighborhood parked as she did. do you recommend small claims? what can you further advise on?

 

[calalily]

Yes, try small claims. If there is no sign, how is she parked illegally? In the mean time her insurance will have to cover it. Take pictures of her car parked in the original position showing it across from where he pulls out. However, if she parks on the street she might not have a good case. But , it doesn't hurt to try small claims, can't wiin, if you don't play as they say.

 

[presutin]

If the insurance is going to cover the damages, then you will have a hard time trying to recover damages in small claims court. The most you will probably be able to recover is the deductible. Good Luck!

 

[CdwJava]

It is difficult to park "illegally" on private property.

I am surprised the police would not even take a hit and run report. THAT is a crime if on private property or not. What state are you in?

Submit the claim to your insurance company and see what they have to say.

- Carl

 

[russmanj]

curious about responses

i am curious about the responses received. why is recovering so difficult? if paint (aka DNA) from the vehicle is left on another vehicle and there are multiple pictures proving this, what is the obstacle. I have never been to small claims before. this situation seems pretty cut and dry: a vehicle hit a parked car and left evidence behind. so why do you think it's only the deductible we will recover as opposed to the entire amount? i tend to rationalize well, but would be very upset if i entered a court with countless pieces of evidence but then had an unfavorable outcome.

the thing that bites me the most is when i originally approached my neighbor in question, he said if it looked as if it was caused by him he would pay. a month goes by and he denies it totally. aside from the money, seeing him lie and having a judge side with him is the most aggravating thing i can think of.

please advise

 

[CdwJava]

Your insurance company will go after him for the damages. When they get paid for the cost of the repairs, they will give you your deductible as well. This is what has happened to my wife twice, now ... she tends to get hit by uninisured or underinsured drivers once every few years.

YOU can't recover the entire amount because the insurance company paid for the damages. You do not get to have the damage fixed AND get a reward as well.

And paint is no more DNA then a picture of skin on an axe handle would be. It takes more than the photos to be certain. While paint transfer can certainly be indicative of the act, it is only circumstantial evidence - not solid proof. And, I doubt the insurance company is going to pay for chemical analysis of both vehicles' paint to affirm the matter. Real life ain't CSI.

- Carl

 

[russmanj]

thanks for your advice. as of this date, my girlfriend has reported it to her insurance but not made a claim so no money transactions have taken place. the intent was to recover some/all of the money in court and avoid reporting the incident and have it reflect her insurance. do we need to file a claim first or can we just take the estimates to court?

 

[CdwJava]

thanks for your advice. as of this date, my girlfriend has reported it to her insurance but not made a claim so no money transactions have taken place. the intent was to recover some/all of the money in court and avoid reporting the incident and have it reflect her insurance. do we need to file a claim first or can we just take the estimates to court?

Well, you can take the estimates to court, but you still need to prove that he hit your car. I'd say let the insurance company deal with it.

Let's do the math ... let's say the damages are $600 and your deductible is $250 ... you go to small claims court and the court decides you do not have enough proof to show he hit your car - you are now out $600 and maybe court costs, too. If you go to your insurance company, you are only out $250 but you might get it back if they go after the other party with THEIR lawyers and such. That's what we pay the insurance companies for.

I don't like to gamble. I go with the sure thing. But, you are free to roll the dice if you wish. You might win.

Good luck.

- Carl