***Accident! Need Advice Please! [Archive] - Beyond.ca - Car Forums

Sp33d_1

05-08-2007, 01:49 AM

I was driving to Tim Hortons to get some delicious timmy ho's coffee before work when i took a right turn just after i had slowed down for a speedbump (key word in this matter) when some dooshbag backed his truck up into my car at lightning speed! As you can see in the pics he hit the centre of my vehicle. Now of course he was saying i was driving super fast (which i couldn't have been if you notice the picture and the distance from the speedbump, and anyone knows that we don't speed over speedbumps with a lowered car). On top of that, the only witness was another dude in timmy's who took this guy's side and said that I was "speeding" in the parking lot probably because he heard the exhaust. So what i "must" have done is drift the corner of course since i drive a 240 - that would be the "obvious" answer haha. Anyways, we did the whole accident report crap with the cops who refused to come to the scene in the first place. However, ive been talking with a number of people, some who say no matter what, that an accident in a parking lot is 50/50, and since i don't have collision this might leave me ass up in the air. However i have other people telling me that because he was reversing it is completely his fault, especially where he hit my car. Now i kind of wonder how he saw me supposedly speeding, yet still managed to continue to reverse into my car lol.

If anyone can shed some light on this matter it would be greatly appreciated. Any advice or information on the matter would really help me out. Thanks in advance.

Crash PIC # 1 (http://i66.photobucket.com/albums/h249/stahrjo/Crash1.jpg)

Crash PIC # 2 (http://i66.photobucket.com/albums/h249/stahrjo/Crash2.jpg)

Crash PIC # 3 (http://i66.photobucket.com/albums/h249/stahrjo/Crash3.jpg)

Crash PIC # 4 (http://i66.photobucket.com/albums/h249/stahrjo/Crash4.jpg)

spec c

05-08-2007, 01:50 AM

what pics?

spec c

05-08-2007, 01:53 AM

i think i agree with the crowd that says he is at fault for not looking behind him. almost any driver who is reversing will loose. the dude should have looked.

ercchry

05-08-2007, 01:53 AM

i would say his fault completly, just call your insurace sompany tell them what happened and let them deal with it

Sp33d_1

05-08-2007, 01:54 AM

putting links for pics in 2 mins

Sp33d_1

05-08-2007, 01:56 AM

Pics up!

spec c

05-08-2007, 01:59 AM

man thats harsh, just call the insurrance company or the police again. eventually they will do something and that damage is over 1g so they should have responded at the scene. esp since you two couldnt agree.

Sp33d_1

05-08-2007, 01:59 AM

i did talk to my insurance. They said because i don't have collision and only liability, it is not their responsibility to represent me (makes me wonder what the hell i pay for) in the claim unless there was injury etc. I have to supposedly make a courtesy claim which has no legal binding, however i really don't think they know the situation. I just want as much information as i can get before i start hammering at his insurance company.

ercchry

05-08-2007, 02:02 AM

thats bullshit your insurance is the ones that talk to the guys insurance not you call them again and hopefully you get another person on the phone it doesnt matter if you dont have collision you are not asking your company to pay for it

Sp33d_1

05-08-2007, 02:04 AM

ya, thats what i thought. However i think i may be getting fucked around and thats why im trying to get as much insight as possible, and beyond would be the best place to do it.

im gonna try and talk to some legal traffic council hopefully tomorrow, my buddy mentioned it that is called Links or something like that.

Kaos

05-08-2007, 02:05 AM

I see you around the NW all the time.
Anyhow, considering how high his truck is, it would be pretty difficult to see behind him. So he should be more attentive but, you guys are in a parking lot and it seems more likely to be 50/50.

Sp33d_1

05-08-2007, 02:08 AM

and in any normal situation i would probably agree, however he said he "saw" me supposedly speeding which kind of contradicts himself in the fact that he hit me.

At this point in time im expecting the worst, but i want to try my best to get what i believe i deserve because its simply unaffordable to reattain in a heartbeat what i dumped tons of cash into.

Speaking of which, anyone know of a bodyshop with some jaw dropping cheap rates for good work? lol, didnt think so :(

Sp33d_1

05-08-2007, 02:10 AM

anyways, off to bed for the night. Thanks for the quick insight, i'll have to check back here tomorrow and see what people say.

JordanAndrew

05-08-2007, 02:18 AM

Damn that sucks that had to happen to you especially when the weather is just starting to get better. I'll have to agree that it will be his fault seeing as he's backing up. I hope things works out for you man. I recognize that parking lot and if I'm not mistaken it's the tim horton's down in country hills by shoppers drug and burger king.

JordanAndrew

05-08-2007, 02:19 AM

oh and try screaming paintworks for some awesome rates and great body work/paint job.

HyperZell

05-08-2007, 06:10 AM

I like your rims.

ca18det240sx

05-08-2007, 06:22 AM

Call HIS insurance company and inform them. You got all of his information right? Sorry to see your car like that dood, all that work we put into it :(

so, got the guys name?
:guns:

Masked Bandit

05-08-2007, 06:53 AM

You have nothing to worry about. The person leaving the parked position must yield. He is 100% at-fault. Call his insurance company to report the claim. They will ask you why you did not report it to your own company at which time you inform them that you do not have collision coverage. It will take a few days to get rolling by you'll be okay in the end.

topmade

05-08-2007, 07:14 AM

I can't remember 100%, but people coming out of parking spots have to yield to the flowing traffic. Even if he was 99% of the way out, it's still his fault.

Euro_Trash

05-08-2007, 07:40 AM

I always thought parking lots were 50/50 :dunno:

fcukda

05-08-2007, 07:49 AM

This witness that he has, he said you were speeding? but did he also say that the person in the truck was backing up and his reverse lights were on? The person driving the druck, did he say he backed up into your car?

From my understanding anytime someone is backing up with there reverse lights on its there fault.

codetrap

05-08-2007, 08:14 AM

Well.. if he tries to say that you "got in his way", you could always point out the damage to your car looks pretty static, like you were moving slow, and he reverse t-boned you.

If I remember correctly, anyone who is backing up is solely responsible for making sure they're clear. And really, if he was aware enough of you to see you speeding, why didn't he stop?

More than likely, he was trying to juggle his coffee and get under way to work, and didn't watch close enough.

JRSC00LUDE

05-08-2007, 09:07 AM

Sounds like his fault to me so I hope it works out but I have a question for you guys. Lots of you guys seem to run in AB without collision coverage, what's up with that? Is it too expensive or something? I can't imagine cruising without collision insurance, just doesn't make sense to me.

SR240SX

05-08-2007, 09:15 AM

wow thats SO gay...such a nice car..hopefully you get everything back together :drama:

JamesV888

05-08-2007, 09:23 AM

you don't need collision to get the claim to fix your car. It is coming out of his insurance. Call your insurance and let them deal with the problem.

your first thing is to go to the police station and file a report, he will have to do the same thing. After that, talk to the insurance and give them the police report number and its out of your hand.

Once you get confirmation from your insurance that its his fault and his insurance is gonna pay, get it fixed. In the mean time, you can book a time with a shop of your choice and usually, they are busy and you have to wait like a month or two. By then, things should clear up.

nos_efx

05-08-2007, 09:35 AM

100% his fault, anyone in reverse is at fault.

He must yield to you.

Z_Fan

05-08-2007, 09:50 AM

^ Agree.

If he's in reverse, he's to blame. Period, end of story.

Kaos

05-08-2007, 10:30 AM

Originally posted by nos_efx
100% his fault, anyone in reverse is at fault.

He must yield to you.

Yes yes, now I remember!
THIS IS TRUE!
:thumbsup: :thumbsup:

Sp33d_1

05-08-2007, 10:39 AM

yes i already reported it to the police. However, apparently if you don't have collision, your insurance company doesn't have to legally represent you, however my insurance company called me back and decided to send off that courtesy claim and informed the other insurance company that there were injuries in the matter which i confirmed last night at a later night trip to foothills for my concussion. Anyways, i hope everything works out, otherwise you'll be seein me cruisin around with no quarter panel and probably duct tape on that bumper, i can't afford to fix that shit soon lol.

Sp33d_1

05-08-2007, 10:40 AM

Originally posted by nos_efx
100% his fault, anyone in reverse is at fault.

He must yield to you.

although i would love to believe this, ive heard thats only for like backing onto a street or something, i really hope your right though, because a 50/50 determination will take me to this doochbags company's office for a little chat with his boss and what method of payment he will be giving me himself :P

Sp33d_1

05-08-2007, 10:41 AM

Originally posted by JordanAndrew
Damn that sucks that had to happen to you especially when the weather is just starting to get better. I'll have to agree that it will be his fault seeing as he's backing up. I hope things works out for you man. I recognize that parking lot and if I'm not mistaken it's the tim horton's down in country hills by shoppers drug and burger king.

yup, thats the parking lot

TBear 2

05-08-2007, 10:49 AM

I have to agree with the majority, and it sounds like he would be at fault...don't let him walk all over you...

I got rear ended about 3 weeks ago now, and I am going thru what they are putting you thru...and that is alot of running around...seeing how I was 100% not at fault...

What I have been told from people since I am doing the same thing as you and trying to talk to lots of people...try to put the matter in your own hands, yes it will consist of alot of calling around and what not...but try to be on top of everything that is going on...and from the damage I am seeing, as soon as they agree he was at fault, ask for a rental...

Also make sure you document everything that is ever said with dates and who you speak with, because I have learned that insurance company loves to change stories...ALOT too!!!

I wish you all the luck!!!
I know I am still waiting for final numbers on appraisal and its been 3 weeks as of Thursday...

Sp33d_1

05-08-2007, 11:23 AM

does anyone know the name of people that deal with legal traffic concerns, my buddy said there is a few, but he just doesn't remember the name's. Apparently there is one for sure that will do a free consultation your first time?

Sp33d_1

05-08-2007, 11:36 AM

Originally posted by ca18det240sx
Call HIS insurance company and inform them. You got all of his information right? Sorry to see your car like that dood, all that work we put into it :(

so, got the guys name?
:guns:

ya, dude's name is like Robert McTavish. The guy even had the balls to get out and scream at me and ask me "what the fuck were you doing?" lol.

Im pretty sure he was trippin hard because he was driving his company vehicle - a 2007 Ford Explorer

Xtrema

05-08-2007, 11:43 AM

Originally posted by JamesV888
you don't need collision to get the claim to fix your car. It is coming out of his insurance. Call your insurance and let them deal with the problem.

your first thing is to go to the police station and file a report, he will have to do the same thing. After that, talk to the insurance and give them the police report number and its out of your hand.

Once you get confirmation from your insurance that its his fault and his insurance is gonna pay, get it fixed. In the mean time, you can book a time with a shop of your choice and usually, they are busy and you have to wait like a month or two. By then, things should clear up.

Most insurance company won't deal with you if you don't have collision even if you're not at fault.

The point of paying collision coverage is to force your insurance company to pay for your repair out of their pocket then it's in their interest to follow up with paper work to claim the money back from insurer of car at fault.

If you don't have collision, insurance have no incentive to follow up for you. You have to do the leg work to get $$$ out of the other party's insurance company and it take time and effort.

Sp33d_1

05-08-2007, 11:46 AM

Ya, thats what my insurance has been belting at me, but i basically said that is Bullshit and threatened to pull my insurance from them, so they obviously started to do a follow up for me. Its funny how company's will only start helping once u threaten to do business elsewhere.

Xtrema

05-08-2007, 11:52 AM

Originally posted by Sp33d_1
Ya, thats what my insurance has been belting at me, but i basically said that is Bullshit and threatened to pull my insurance from them, so they obviously started to do a follow up for me. Its funny how company's will only start helping once u threaten to do business elsewhere.

You probably talked to an agent that sell policy for a insurer. Agent is scared of lost business, insurer isn't.

rsxtypes

05-08-2007, 11:54 AM

oh my god man, that sucks so bad.....everyone is saying the same thing so i can't help but you shouldn't have to pay anything at all....he is 100% at fault but like u said parking lots are shady because they seem to have no rules. i always heard it was 50/50 but...if he's backing out into you...i don't see how they could see it any other way!
good luck man...try to call my buddy i pm'd you with.

codetrap

05-08-2007, 11:59 AM

Ok.. so, if you've put work into your car, and you really love it, why not put collision on it? I mean, if you're going to spend a wad of cash to upgrade it and make it really pretty, isn't it worth the extra $$ to protect it?

Sp33d_1

05-08-2007, 12:00 PM

Originally posted by rsxtypes
oh my god man, that sucks so bad.....everyone is saying the same thing so i can't help but you shouldn't have to pay anything at all....he is 100% at fault but like u said parking lots are shady because they seem to have no rules. i always heard it was 50/50 but...if he's backing out into you...i don't see how they could see it any other way!
good luck man...try to call my buddy i pm'd you with.

Thanks for the recommendation, if worse comes to worse, i will be calling him up, most likely Next Summer :(

katana9x4

05-08-2007, 12:00 PM

Take him for all he's worth, fake injury, claim you had a child in the back seat and it died!! haha j/k j/k

Anyways man, thats a nice ride, it's unfortunate this had to happen right when the weather was getting nice.

get her up an runnin' soon!

Sp33d_1

05-08-2007, 12:02 PM

on a brighter note however, maybe its time to look into an s15 front end? Any ideas on the price of that? Not sure if i want to go back to s13 if im paying for it anyways.

banned3x

05-08-2007, 01:24 PM

1-he hit you remember that
2-he backed into you
3-get a lawyer dont go to insurance since they arent helping you
4-nice car

ercchry

05-08-2007, 01:34 PM

#1 make him pay for it
#2 it isnt a quarter panel its a fender
#3 dont duct tape your car, zip tie it
#4 dont pay for anything!!

zoik

05-08-2007, 01:36 PM

parking lots are private property, the rules of the road do not apply in any circumstance. i wouldn't just be prepared for 50/50, but it could be you each pay for your damage. there are no rules when it comes to parking lots. since it's in a parking lot, it's private property and the police aren't supposed to be there. there's too much gray zone in this matter. talk to a lawyer to minimize the amount you're going to have to pay.

ercchry

05-08-2007, 01:39 PM

Originally posted by zoik
parking lots are private property, the rules of the road do not apply in any circumstance. i wouldn't just be prepared for 50/50, but it could be you each pay for your damage. there are no rules when it comes to parking lots. since it's in a parking lot, it's private property and the police aren't supposed to be there. there's too much gray zone in this matter. talk to a lawyer to minimize the amount you're going to have to pay.

so are you saying that i can go 150km/h threw a parking lot? and i can drift around old people trying to cross the parking lot?

if it is open to the public (ex. no gate) then the rules of the road apply :banghead:

banned3x

05-08-2007, 01:52 PM

Originally posted by ercchry

so are you saying that i can go 150km/h threw a parking lot? and i can drift around old people trying to cross the parking lot?

if it is open to the public (ex. no gate) then the rules of the road apply :banghead:

your fucken retard

ercchry

05-08-2007, 01:57 PM

Originally posted by banned3x

your fucken retard

is that a personal attack? is reading> you?

your post above your lastest is on the same page as me you dumb fuck, to beable to do what ever the fuck you want in a parking lot it must be closed off to the public, not just private property so fuck you :guns:

tictactoe2004

05-08-2007, 02:04 PM

Originally posted by banned3x
your fucken retard

Originally posted by ercchry
is that a personal attack?

That made me lol in real life hahaahahha

banned3x

05-08-2007, 02:20 PM

Originally posted by zoik
parking lots are private property, the rules of the road do not apply in any circumstance. i wouldn't just be prepared for 50/50, but it could be you each pay for your damage. there are no rules when it comes to parking lots. since it's in a parking lot, it's private property and the police aren't supposed to be there. there's too much gray zone in this matter. talk to a lawyer to minimize the amount you're going to have to pay.

i do not agree with this but i didnt make a retarded post saying is it ok to go 150kms and drift around seniors??

Originally posted by banned3x

your fucken retard

i stated that your a retard if you call that an attack and feeled "e-bullied" then i am sorry i dont want some crazy white boy shooting people up in a meet.

Originally posted by tictactoe2004

That made me lol in real life hahaahahha

this is beyond buddy

Weapon_R

05-08-2007, 02:22 PM

I haven't seen 403gemini post yet, but that'll be your best bet for some expert opinion as this is his field of work. Maybe send him a PM directing him to this thread.

403Gemini

05-08-2007, 02:28 PM

Originally posted by Weapon_R
I haven't seen 403gemini post yet, but that'll be your best bet for some expert opinion as this is his field of work. Maybe send him a PM directing him to this thread.

... thanks man ;)

Speed, hes at fault. Your speed in the parking lot, though may of been irresponsible IF you were speeding, is irregardless in this situation. anybody backing up in a parking lot is at fault.

Perfect example i give to people is what if a kid was riding their bike in a parking lot and he backed into them?

The backing vehicle is always at fault.

The whole parking lot 50/50 thing is a myth. The only time this rule applies is when both vehicles are backing out and hit each other. However, being the vehicle in the main throroughway (yup spelling sucks today lol) you have the right of way.

If fuck-o tries to argue with you, tell him to ask his insurance company to read the IBC agreement, Situation #5, point D

NOTES TO ALL CIRCUMSTANCES IN THE CLAIMS AGREEMENT
...

(d) The driver of a vehicle failing to obey a police officer's signal, proceeding the wrong way, BACKING UP, making a U-turn or striking a parked vehicle is, in each case 100% liable.

Hope this helps, cheers. (Cant view your pics, my work doesnt like that website haha)

ercchry

05-08-2007, 02:28 PM

Originally posted by banned3x

i do not agree with this but i didnt make a retarded post saying is it ok to go 150kms and drift around seniors??

then you see reading > you then

the problem you have is seeing that the point i was making is you can NOT do those things in a parking lot, this was supporting my stance that there is still rules in a parking lot that must be followed

ShOwOfF

05-08-2007, 02:31 PM

I had a similar situation, where a lady driving a caravan backed into my front left fender in a parking lot.

I was at zero fault, however the lady whom backed into me admitted that it was her fault.

403Gemini

05-08-2007, 02:32 PM

HyperZell

05-08-2007, 02:34 PM

Originally posted by ercchry

then you see reading > you then

the problem you have is seeing that the point i was making is you can NOT do those things in a parking lot, this was supporting my stance that there is still rules in a parking lot that must be followed

Don't worry, I got what you were trying to say. Take the frustration you feel and just tell yourself that the English language is above some people.

z1_bam

05-08-2007, 02:42 PM

403Gemini, does the main thoroughfare in a parking lot operate the same way as on a road? ie is there lanes of 'traffic' and you are supposed to stay on the right side?

so say for instance you're backing out a car from an east facing stall and planning to go north, so your car is backing up in a south direction, but another car is driving southbound on the main thoroughfare but is partly in the left lane (ie closest one to you) and you hit them...

are they at fault because they are in the wrong lane, or you because you are backing up? or is it a 50/50 situation?

403Gemini

05-08-2007, 02:47 PM

Originally posted by z1_bam
403Gemini, does the main thoroughfare in a parking lot operate the same way as on a road? ie is there lanes of 'traffic' and you are supposed to stay on the right side?

so say for instance you're backing out a car from an east facing stall and planning to go north, so your car is backing up in a south direction, but another car is driving southbound on the main thoroughfare but is partly in the left lane (ie closest one to you) and you hit them...

are they at fault because they are in the wrong lane, or you because you are backing up?

There is a bit of grey area in parking lots, there is no official "center lines" but it is pretty much under the assumption that everybody should be on the right side.

However being the one backing out, you would be on the hook for that, even if they were on the "wrong side"

Take into consideration if you were the one heading southbound, saw a parking spot on the right (west side) but it was tight so you needed to line up perfectly. if you saw no incoming traffic you'd probably move over to the far left to swing into the spot on the right.

arian_ma

05-08-2007, 05:08 PM

oh my gad! will insurance cover those aftermarket parts?!

blueripper6

05-08-2007, 06:06 PM

NO!!!
dope ride brother..
sucks too see it get mushed

Masked Bandit

05-08-2007, 07:06 PM

Hey 403Gemini.....

Adjuster, underwriter or broker?

ca18det240sx

05-08-2007, 08:16 PM

well now i see why his name is banned3x....what a douche.

bignerd

05-08-2007, 09:24 PM

Just my personal experience...

I was driving down a laneway of a parking lot when a lady backing out of her spot backed into the rear fender of my car as I was driving up the aisle.

Her insurance paid to have my car fixed... I know she did not see me as she did say as much, insurance company did ask lots of questions though about which direction I was driving, which direction she was facing etc... etc...

Although mind you she was not difficult to deal with and was not disputing the fact that she backed into me.

403Gemini

05-08-2007, 10:39 PM

Originally posted by Masked Bandit
Hey 403Gemini.....

Adjuster, underwriter or broker?

Adjuster

Underwriters and brokers dont know shit ;) (though brokers make enough money to pretend like they do... haha)

TrevorK

05-09-2007, 08:15 AM

It's funny - I've talked to someone once who's like the guy who hit you. He drives a huge diesel and actually yelled at a guy (they backed into each other) because he said there was no way he could see him, so the guy in the little car should have been paying more attention.

It's simply amazing that these people who drives vehicles that limit their vision feel others should automatically yield to them because "I can't see them".

As the others have said, the other guy is at fault. Do not let the insurance push you around. Do not be rude, but be firm and fair to get results.