Yesterday, I was pulling into a parking lot, looking for a parking space. I was hit by a woman backing out. We got out of our cars, and I said "Please just tell me the damage isn't bad". It isn't, but my year-old Ford Focus now has a dinged hubcap and the area on the body/bumper above the RIGHT REAR tire.
The woman claims it was not her fault, and that I was going 35. Obviously, going 35 in a parking lot when you're looking for a space is absolutely absurd. I was going 10, maximum. The parking space were on an angle, and therefore, I did not see her "backing up" lights. They were like this
-----> direction i was traveling
/ car / car / car / car / car / car / etc.
As you can see, I was going the opposite direction that you should have been, but it was a parking lot and it was unmarked which direction you are to travel, i.e. no arrows or signs.
The woman said it was my fault. I said, "I beg to differ, YOU hit ME." She said, "I have a witness." I looked at her car, and didn't see anyone. I got up on my tiptoes, and she had an elderly lady in her passenger seat. Theoretically, the passenger should have seen me coming and told her to stop, given the angle of the car.
Additionally, given where she hit me on my car, she would have been LUCKY if I had been going 35, because I would have cleared her car and she would not have hit me.
At the point of disagreement, I said, "Well, we should call the police and let them decide." She replied, "No. I have an ice cream cake in the car and I'm expected at Outback Steakhouse soon. It's your fault."
Then, while exchanging information, she says "Well, YOUR insurance rates are going to go up." To which I replied, "Why? YOU hit ME."
So the woman leaves. I'm EXTREMELY upset. I call my insurance company and file the precursory stuff for a claim. Then I call the local police, an officer comes to the parking lots and I file a report with them. The officer told me that, although parking lots are out of their jurisdiction, the person who hit me was at fault.
So now what? I will not get my car repaired unless she pays for it, because I am only a year out of college and trying to save money for my wedding. Do I have a case? Should I take her to small claims court? Someone HELP!
The woman claims it was not her fault, and that I was going 35. Obviously, going 35 in a parking lot when you're looking for a space is absolutely absurd. I was going 10, maximum. The parking space were on an angle, and therefore, I did not see her "backing up" lights. They were like this
-----> direction i was traveling
/ car / car / car / car / car / car / etc.
As you can see, I was going the opposite direction that you should have been, but it was a parking lot and it was unmarked which direction you are to travel, i.e. no arrows or signs.
The woman said it was my fault. I said, "I beg to differ, YOU hit ME." She said, "I have a witness." I looked at her car, and didn't see anyone. I got up on my tiptoes, and she had an elderly lady in her passenger seat. Theoretically, the passenger should have seen me coming and told her to stop, given the angle of the car.
Additionally, given where she hit me on my car, she would have been LUCKY if I had been going 35, because I would have cleared her car and she would not have hit me.
At the point of disagreement, I said, "Well, we should call the police and let them decide." She replied, "No. I have an ice cream cake in the car and I'm expected at Outback Steakhouse soon. It's your fault."
Then, while exchanging information, she says "Well, YOUR insurance rates are going to go up." To which I replied, "Why? YOU hit ME."
So the woman leaves. I'm EXTREMELY upset. I call my insurance company and file the precursory stuff for a claim. Then I call the local police, an officer comes to the parking lots and I file a report with them. The officer told me that, although parking lots are out of their jurisdiction, the person who hit me was at fault.
So now what? I will not get my car repaired unless she pays for it, because I am only a year out of college and trying to save money for my wedding. Do I have a case? Should I take her to small claims court? Someone HELP!
