Need some advice about an accident and establishing fault

leor_77 · Franchise Player Joined: 23 Mar 2012 Posts: 21920

I was involved in an "accident" last week in a 7-11 parking lot. I use the term "accident" loosely, because I was at a complete stop, and the guy put his car in reverse at full speed and hit me (despite me slamming/honking my horn). I was shocked that someone could go in reverse without looking to see what was behind them. After the fact, he readily admitted that it was his fault, which it obviously was...We exchanged contact information, took pictures, license, insurance, etc.

Since then, I got a few estimates and then forwarded them to him, saying that he could give me cash and we could do it without insurance, otherwise, I would have to file a claim with his insurance company. Long story short, it's been a few days and I haven't heard from him.

My main concern is that if this moves to a claim, WHAT IF he changes his tune and lies about the situation, saying that I was also moving forward. Again, I was at a complete stop. If that were to happen, I dont have witnesses and would have to hassle the businesses in that parking lot for video, of which I'm not sure they will have or will even want to bother with giving me, even if they did.

Would appreciate any advice.

nickuku · Posted: Tue Oct 23, 2018 10:11 am Post subject:

Did you take pictures? If it happened exactly the way you described I think the photographic evidence would make it really hard for him to lie about it.
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ContagiousInspiration · Posted: Tue Oct 23, 2018 10:12 am Post subject:

Not fully tuned in for a reply but first thought is

Where exactly did the cars make contact? Exact bumper to bumper

*Don't assume people are honest in situations like this. Be just like the repo man.

Keep this relationship straight from the get go and don't let it stray. Complete it all as fast as possible.

Props for not being too emotionally involved in this.
If nothing back today I might call and talk to a police officer and see what your protections are.

Vanquish · Posted: Tue Oct 23, 2018 10:14 am Post subject:

ContagiousInspiration · Posted: Tue Oct 23, 2018 10:17 am Post subject:

Yep
If he hit side of your car with back of his
Seems like you are not capable of doing the opposite

Go drive over and take pictures of his car if you have his address?

leor_77 · Franchise Player Joined: 23 Mar 2012 Posts: 21920

The impact was pretty straight (back of his car to front of mine)...The main part of the damage was/is underneath not sure if you call it the bumper, but where you screw in the license plate. It tore that hole open, making me unable to put the plate back in. Most places have recommended replacing the bumper.

DaMuleRules · Posted: Tue Oct 23, 2018 10:33 am Post subject:

You might have a bit of a problem since your damage is on your front bumper rather than the side of your vehicle. Front end damage to your car onto the back of his is typically indicative of a rear end situation. Makes it much easier for him to claim he was stopped and you were the one that ran into him. (as opposed to if he was backing out of a space and hit the side of your vehicle)
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Aussiesuede · Franchise Player Joined: 27 Jul 2005 Posts: 10964

1) Report the accident to your insurance company immediately. In the event the other party decides to get cute, and this thing ends up being contested, the powers that be generally weight things towards the party who most consistently reacts appropriately, and by law accidents above $400 in damages need to be reported.

2) File an incident report with Police. You want to be first to report your version of events.

3) Take a drive back to the 7-11 and stand in the spot in front of where he was parked and do a slow 360, looking for ATM's, of any surveillance cameras. Provide your findings to your Insurance Claims Adjuster so they are aware that video evidence is likely should they need it during the subrogation process with the other guys Insurance company. This is important to keep any fault from being assigned to your claims history.

4) Now is a good time topurchase that dash cam. I think you can now see the value of it.

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ringfinger · Retired Number Joined: 08 Oct 2013 Posts: 29418

It’s for situations like this, I have been considering a dashcam.

There’s really nothing you can do other than tell your insurance company and let them do the investigating if you don’t hear from the guy in a few days.

Speaking of dash cams, anyone got one or know of one you’d recommend?

Aussiesuede · Franchise Player Joined: 27 Jul 2005 Posts: 10964

DaMuleRules · Posted: Tue Oct 23, 2018 12:57 pm Post subject:

numero-ocho · Posted: Tue Oct 23, 2018 12:59 pm Post subject:

leor_77 · Franchise Player Joined: 23 Mar 2012 Posts: 21920

So, barring some changes, I might be in luck here...He's willing to pay the cash. I'll be meeting him tomorrow at the auto shop, where he'll pay them directly (probably to make sure I dont pocket it). I'll definitely look into a dash cam for the future.

nickuku · Posted: Tue Oct 23, 2018 1:34 pm Post subject:

Aussiesuede · Franchise Player Joined: 27 Jul 2005 Posts: 10964

jonnybravo · Retired Number Joined: 21 Sep 2007 Posts: 30710

DaMuleRules · Posted: Tue Oct 23, 2018 1:54 pm Post subject:

Mike@LG · Posted: Tue Oct 23, 2018 1:57 pm Post subject:

Do you have a photo that indicates your car was in the parking spot while his wasn't?
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DancingBarry · Posted: Tue Oct 23, 2018 2:29 pm Post subject:

I had a similar thing where a car in front of me was parked but rolled back into the front of my car a parking spot away when the owner didn't set the parking brake apparently. Anyway, when he came back to his car, I pulled out my phone and took video of the damage, then just held it in my hand still recording while he was talking and admitting fault, etc. You never know when someone might change their story later (happens to people all the time) and just having that puts that at ease. So, advice is always pull out the phone and record as soon as you can.

Aussiesuede · Franchise Player Joined: 27 Jul 2005 Posts: 10964

jonnybravo · Retired Number Joined: 21 Sep 2007 Posts: 30710

^ Thanks!

Might look into the Rexing V1. Some pretty cheap ones on ebay.

Got into my first accident (knock on wood) in 25 years of driving last year. Thankfully I'm surrounded by legal help but the dash cam would have saved a LOT of headaches for me.
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LarryCoon · Site Staff Joined: 11 Aug 2002 Posts: 11265

Omar Little · Posted: Tue Oct 23, 2018 4:35 pm Post subject:

adkindo · Posted: Tue Oct 23, 2018 5:10 pm Post subject:

In California, does the law require one party or both parties know a conversation is being recorded? Also, would that even matter if the conversation took place in a public parking lot? I would not have thought to do this, but while taking pictures, a person could also video the damage while the conversation was taking place confirming who was at fault capturing the audio on the recording. The other party would not even really know they were being recorded.

DaMuleRules · Posted: Tue Oct 23, 2018 5:16 pm Post subject: