just got hit, need HELP

[michelinman79]

hey beyond users.
two days ago in a TD bank parking lot i was waiting for the car ahead of me to proceed when a truck started to back, i was stopped right behind him when he started to back up, i layed on the horn and everyone in the parking lot heard me but him. he began to back right into once. he realized he wasent going anywhere so he went forward and threw it into reverse, hitting me agian but this time a hell of a lot harder. and kept reversing, moving my car untill i jumped out and started banging on his window to finally get his attention. he had no idea he had even hit me and got all pissed off.
i went to a highly respected auto body shop in calgay (sreamin' paint works) and got a quote for them. i also went to the discount place he wanted me to go to (i think he is probably related to the guy who owns the shop), anyway the discount quote came in at half the price and half the materials.

1. i need to know if i am entitled to pay half of the damages done to my car (ive heard that from a couple people) even with a witness.
2. i need to know what to do if he wont pay for the work to be done at the place i want to do to.

thanks alot everyone...

[motoki88]

You do have a witness to the event, correct? Was a police report filed and all witness contact information obtained? If he doesn't want to pay to properly fix your car, then why don't you go through insurance? I'm not sure who would be considered at fault, but I would assume its him since he backed into you and you were stopped to wait for an empty spot. Good luck with this. I would say that if he's not cooperating, then go through insurance.

[gp36912]

ask your insurance guys, they should give you the best way to handle it. don't go to discount places, because all you will get is discount work. problably by a drunk man too.

[Cheeze]

go thru insurance and help get that dipshit off the road.....its amazing how fucking stupid people can be.

[85regal]

pretty well all parking lot accidents are 50/50

[A3GTiVR6SC]

Originally posted by 85regal
pretty well all parking lot accidents are 50/50

Ive been involved in a similiar incident an heared this exact same BS.

so lets say i was thinkin of gettin a brand-new paint job an some body work done on my car.... does this mean i can get 50% off if i go into a random parking lot an nail someone?:rofl:

doesnt make sense, i think there are some exceptions.

[Tik-Tok]

Originally posted by 85regal
pretty well all parking lot accidents are 50/50

Not if he was already sitting there, and has witness's.


Though michelenman, if you didn't report this to police and insurance right away, you're gonna get screwed. HE is fully at fault for REPEATEDLY backing into you. You shouldn't pay a dime.

If it's not reported, all you can do is play his game at the shop he suggested and hope he actually ponies up the money.

[michelinman79]

ya i filled out a police report today actcually and of course i want to choose quality
so hopefully he co-operates

[Tik-Tok]

Originally posted by michelinman79
ya i filled out a police report today actcually and of course i want to choose quality
so hopefully he co-operates

Go through insurance and go to the quality place. His insurance will be paying for it, not him. He should learn to use his mirrors.

The only way I'd ever consider NOT going through insurance is if it was a VERY good friend who damaged my car, and I knew he was good for it. Definately not some stranger who didn't bother looking behind him and kept backing into you, several times.

[WWJAI]

Yep. He is 100% at fault since you were already fully in the lane and he was still in the parking stall. Parking lot accidents are only 50/50 if neither cars were fully in the driving lane.

Never go somewhere just because it'll be cheaper for them. Get it done where you want it done. Good you got a police report done and hopefully you got a couple witnesses to back you up as well. If he doesn't cooperate, don't even hesitate to call up your insurance company right away instead of having him make up excuses like the place you want to go to is too expensive.

That guy must have been a real idiot to back into you twice. Must have not learned to look behind when backing out.

Hopefully everything works out for you.

[Cheeze]

I dont mind not going thru insurance for stupid lil scrapes and what not...but for that i totally would. Im sick of ppl that go thru insurance for stupid little scratches on a bumper and stuff like that. I tapped a lady's bumper doing like 2km/hr...really...i just let out my clutch, no gas pedal....it made a scratch like 1/2 inch long. She went thru insurance successfully and claimed injuries as well


:thumbsdow

[01RedDX]

.

[Zero102]

Since he hit you twice.... it is pretty obvious that it wasn't your fault.
Don't worry about the 50/50 rule, call your insurance company and have them draw up a letter of demand for his insurance company.
Sounds like he is being a total asshat about it, so just go to his insurance company and they have to pay 100% of the damages. They will most likely tell you to get 3 estimates, so go to 3 shops you like, they will either average the 3 or take the lowest.


Tell me you took pictures at the scene of the accident.....

[yellowsnow]

wow an idiot. "what the i'm not moving, i'll back up faster!"

[TrevorK]

Originally posted by Zero102
They will most likely tell you to get 3 estimates, so go to 3 shops you like, they will either average the 3 or take the lowest.


I have to ask, where did you hear about this "rule"?

As far as I've seen, with the major insurance companies what they do is get a single quote for what the damages are at a body shop. They then plug what the damages are into their computer program, which details the cost of every single part / labour associated with it (Yes, even the clips needed) and it spits out a price.

With this price, you are allowed to get any shop to do the repairs as long as it's close. This prevents people from going to a hot rod restoration shop that charges two or three times the price.

But I've never heard of needing three quotes, because it's all based on what the computer spits out as to what they are willing to pay. Not what the body shop charges.

[TrevorK]

Originally posted by michelinman79
ya i filled out a police report today actcually and of course i want to choose quality
so hopefully he co-operates

You are within your right to have your car returned to it's original pre-accident condition.

Decide which body shop you want to go with, and as long as their quote is within reason you are able to go there.


As well, consider a rental car. If the other insurance won't pay for one you may want to seek a body shop that offers a courtesty car.



Personally, I agree with Tik-Tok. Go through insurance, the guy is already demonstrating that he wants to take the cheap way out (since he has a body shop he wants you to use). You have nothing to gain by skipping insurance.

[Zero102]

Originally posted by TrevorK


I have to ask, where did you hear about this "rule"?

As far as I've seen, with the major insurance companies what they do is get a single quote for what the damages are at a body shop. They then plug what the damages are into their computer program, which details the cost of every single part / labour associated with it (Yes, even the clips needed) and it spits out a price.

With this price, you are allowed to get any shop to do the repairs as long as it's close. This prevents people from going to a hot rod restoration shop that charges two or three times the price.

But I've never heard of needing three quotes, because it's all based on what the computer spits out as to what they are willing to pay. Not what the body shop charges.

I heard about it from the 3 insurance companies I have had to file claims with in the past. 2 of them took the average and one of them took the lowest, but all 3 of them required me to get 3 estimates. If there is an argument about prices being unfair, they have their own system that they can estimate the cost from as well.

[TrevorK]

Originally posted by Zero102


I heard about it from the 3 insurance companies I have had to file claims with in the past. 2 of them took the average and one of them took the lowest, but all 3 of them required me to get 3 estimates. If there is an argument about prices being unfair, they have their own system that they can estimate the cost from as well.

Wow - if this is a recent experience the insurance companies you're dealing with are all fairly small companies/lack the latest technology.

Even when my buddy was hit Meloche told him to go to any shop on the list they gave him, drop off his car and pickup a rental car after. All the big ones I've dealt with do the same thing....


I'd definetely shop around for a new company that would treat you more fairly in the future. Afterall, that's a lot of wasted time having to get three quotes, then wait for them to tell you which one to go with.

[frostyda9]

Originally posted by TrevorK


Wow - if this is a recent experience the insurance companies you're dealing with are all fairly small companies/lack the latest technology.

Zero102
Second Gear

Registered: Nov 2003
Location: Vernon, BC

;)

[nismodrifter]

^he just moved there from Calgary. Nice try but he knows what he is talking about yo.

[jdm_eg6]

I dont mind not going thru insurance for stupid lil scrapes and what not...but for that i totally would. Im sick of ppl that go thru insurance for stupid little scratches on a bumper and stuff like that. I tapped a lady's bumper doing like 2km/hr...really...i just let out my clutch, no gas pedal....it made a scratch like 1/2 inch long. She went thru insurance successfully and claimed injuries as well



haha i had an almost similar experiance light tap and left some red paint on her bumper, she got out and started yelling i walked up rubbed it off, told her to grow up and not be rediculus and i was like your fine iam fine, its over with dont try and make a deal out of this when i KNOW! its not. and she just mumbled and walked away and we both drove home :D



but hey, its his fault, and somtimes a REGISTERED body specialist under the insurance company must be chosen in order to gather a proper estimate and get propper work done! :drama:

[Vietsta]

man, i have had 2 people almost back up into me in the same day. at the gas station. people see to watch behind them when they back up. wanted to knock the guy out. anyways i don't think you have to pay for half of the damage. shouldn't go to the shop that he wanted you to go. imo

[frostyda9]

Originally posted by nismodrifter
^he just moved there from Calgary. Nice try but he knows what he is talking about yo.

Alright, my bad y0

[Zero102]

Originally posted by frostyda9


Alright, my bad y0
Yup, I was born and raised in Calgary, just moved to Vernon in september. Only spending a year or two out here before coming back home.

The companies I had to deal with were:
ICBC, Allianz and Allstate

[nadroj23]

lat experience i had with insurance i picked the place i the MY car to and they cant say shit, they do have a list of recommended shops. but you can take it wherever you want because again it is YOUR car not the insurance compaines. I did however take mine to a shop closest to my house that was on the list.

if your in the NW take your car to crowfoot image and autobody they do good work and are recommended by a lot of isurance companies.

[gofastmerc]

Originally posted by nadroj23
lat experience i had with insurance i picked the place i the MY car to and they cant say shit, they do have a list of recommended shops. but you can take it wherever you want because again it is YOUR car not the insurance compaines. I did however take mine to a shop closest to my house that was on the list.

if your in the NW take your car to crowfoot image and autobody they do good work and are recommended by a lot of isurance companies.

Yup, your right, on an insurance claim, you can take it to the shop of your choice. Some insurance people like to use the line "If you don't take it one of our shops, we won't warrenty it." Well, the kicker is, the insurance company never warenties it, its the shop that will. They can help you on a grievence, if you have one with a shop, but if your going to a good shop, you won't have that problem.

The three estimate thing is kinda a joke too. I think the only reason for that, is for you to meet some shops, and try to pick one that you are comfortable with. The estimate itself, is kinda worthless. It just a starting point. The Ins. company will change the rates to what they are willing to pay. Make any changes to the parts list that they see fit. And the shop can add more if they can justify it.



But I can't help you on the parking lot hit. I'm not sure what the rules would be on that one. Common sence would say that the guy who hit you would be %100 at fault, but you know what they say about common sence...

[MidnightDreamer]

Sorry to thread jack... but I also had a similar exp. which hasn't been dealt with. The only diff. between my situation and yours was that I was not in my car when I was backed into. This was in a parking lot. Does the 50/50 rule apply in my case, or would the person resposible for hitting me be held fully liable for any damages. The guy was really nice and everything, offered to pay for everything, but this was at a dealership lot... lot of people as witnesses so... just a bit concerned he might turn around and say we need to split it or somehting when I call today.

[topmade]

^^ 50/50 would not apply. Only applies when neither cars are fully in the driving lane. You were parked, so doesn't apply to you, you're 100% not at fault.

[Zero102]

If your car was parked it is 100% the other guy's fault.
50/50 only applies when 2 people driving hit each other, there are no witnesses, and the stories don't match.

[Lo)2enz0]

i totally agree, if you were in a parking lot, waiting for someone to back out he has to wait. where did you get hit on your car? saw you drove a s13 and hopefully its not the rear quarter panel.

btw, how stupid is he not to feel that his car is not moving another car. lol

[nos_efx]

If you are in drive and he is in reverse then its 100% of the responsibility lies with the person backing up. Considering you have a witness who will corraborate your story, I think its safe to say that you are completely in the clear.

In the police report just clearly state that your car was in drive. Simple as that.



Originally posted by Zero102
If your car was parked it is 100% the other guy's fault.
50/50 only applies when 2 people driving hit each other, there are no witnesses, and the stories don't match.

[ricefarmer]

:rofl: sorry to hear about that.... didn't you just get your car out of the shop for someone doing the same thing a little while ago? and wasn't that bitch trying to screw you around trying not to pay either? nick just sell the car and get a beater and when someone hits u its not a big deal. oh, wait u already drive a beater :rofl: j/k
fuck some people are stupid, make sure he pays!

[michelinman79]

Originally posted by Lo)2enz0
i totally agree, if you were in a parking lot, waiting for someone to back out he has to wait. where did you get hit on your car? saw you drove a s13 and hopefully its not the rear quarter panel.

btw, how stupid is he not to feel that his car is not moving another car. lol

ahh ya actcually he did hit me in the rear quarter panal. Shitty i know...