Private Property Auto Accident

[rye111]

I was involved in an auto accident in a shopping center parking lot at an intersection. We both collided in the middle of an intersection, I was headed south and the other driver east. I was driving 5-7 MPH while the other driver at least 15 MPH. My front bumper was destroyed and the other driver's front tire and driver side lower door panel damaged, neither of us injured. My wife drove to the scene and witnessed everything after the accident. The cops arrived, I had proper ID/Insurance and told them I had 2 beers in a restaurant within the shopping center. I passed the field sobriety test they administered. The other driver did not have a legal driver license, and I am still waiting to hear if his insurance is legit. The police said that his Mexican ID was fake and took it. Found out later he was a cook at the same restaurant I had the few beers in and probably working illegally. When I asked the patrolmen who was at fault and why he said that I needed to shut up before he put he at fault in the report. When I told him the other driver was speeding and he said that it is private property and it didn't matter if the other driver was speeding or if he had a valid driver license. I told him he needed to put that in the report and he used profanity towards me and said that I will be at fault now (wife witnessed the entire thing). I asked him if he should be using profanity and he walked off and got in his car and left. No tickets were given out. I stayed at the scene to remove what I had left of my bumper and tried to drive my car home and had to stop at a gas station because something from the accident was dragging under my car. I went into the gas station and the same cop was leaving when I was coming in and he made a remark to me and then said if I stepped outside it wouldn't be in my best interest and he would arrest me. I called the local police and reported the patrolmen and the supervisor I spoke to said that he reprimanded him on his behavior. When I asked about the accident report he said that I was at fault. My question is what are my rights here? If it was private property why was I given a field sobriety test and the other driver let go without a valid license. What about the cop threatening me to say I was at fault and trying to intimidate me at the gas station? I'm worried my insurance company may not pay or drop me because the report says I was at fault.

 

[mightymoose]

Sounds like the officer's behavior was out of line. If you want to, you can make a formal (written) complaint to the department. That is the only way it will be actually looked in to, otherwise it won't go beyond the possible verbal warning the supervisor gave. A written complaint should be directed through an internal affairs investigator... doesn't mean anything will happen, but it will at least be looked at.

As for the accident, by the way you describe it and the associated damage, it sounds like you probably were at fault. It sounds as if you entered the intersection when the other vehicle was oncoming, and you collided into it on the passenger side.

You were given the sobriety test because you admitted to drinking and it is an important factor in determining fault.

Your state's law will determine whether or not the other driver could have been cited for driving unlicensed in the parking lot. You can ask the police about this and it should be indicated in the report.

If it turns out that the other driver was uninsured or underinsured, and if you believe that you were not at fault, you can bring a civil suit to get a judgment for the value of the actual damages. If it is JUST your bumper that was damaged then you can expect the replacement to be $800-1000 for parts, labor, and paint. Depending on how high your deductible is, you might want to pay the repair out of pocket rather than report it to your own insurance, then sue the other driver for what you paid. If your insurance does pay for the damage then you can sue him for the value of your deductible.