Automobile Insurance Claim Question

[Darkane]

Hey guys,

Question is this: I was in a parking lot encounter today, not a huge deal.

The person in question was pretty outrageous, and adamant about court and nothing could be done to calm him down.

Anyway I called my Insurance company and gave them the info (Keep in mind the damage is less than 1k, just paint scuffs, perhaps new bumper cover) and then I called the owner of the vehicle and they wanted to settle outside of insurance.

Fucking people, is it possible to "retract" a claim?

Thanks.

[topmade]

Yes, you can close the claim, but it'll still be logged in the sysytem. If the guy seems like an asshat, I would call your insurance back and tell them the other guy wants to deal with this privately and to put a hold on the claim until the other person has paid you in full.

[G-Suede]

My understanding, is that Darkane is the "other person" who is paying for the claim...

[Darkane]

Yeah, it was a parking lot issue and he thinks it's my fault completely.

So he offered for me to pay for his damage? Anyway I'm pretty confident that the adjuster will rule in my favor hence why I went to the insurance first.

If we agree to cover our own damages, then I'll drop the claim because I think I can fix it for less than my deductible.

On the way to the cop shop now to file a pol<ice> report! Don't wanna fuck around.

[ChappedLips]

You don't need a police report for under 1k in damages but I guess its better to be safe

[tom_9109]

WELL WHAT HAPPENED?

[Ruggzy_McTuggz]

Tell me what happened and I will tell you whether or not you should go through insurance

[Darkane]

Originally posted by ChappedLips
You don't need a police report for under 1k in damages but I guess its better to be safe

Agreed. however the way cars are made these days who the hell knows if there is damage underneath the bumper cover. Trying to cover my ass.

Cop shop was closed, I guess I'll go tomorrow.

The story is this:

I was backing out of a stall, to the right. (Rear end of the car going right).

He was "behind me" the whole time (which he wasn't) and I hit him.

His story was he was waiting for a spot with his signal light on, however the damage on his vehicle is in the same exact spot as my car, rear drivers bumper cover.

He must have been either pulling out, or trying to go around me fast as possible to beat me getting to the other spot. His spot was behind me.

It's kind of a weird situation I can't explain it well without a diagram. Regardless, he changed his story twice on me, Threatened me with court, and was all up in my Grillz swearing haha.

Some old guys have balls I'll tell ya that much. Lol.

[ralliart_girl]

dude if you were backing...there is a really good chance that you are going to be found at fault...if he was also pulling out of a spot...then it would be 50/50.

[Darkane]

Originally posted by ralliart_girl
dude if you were backing...there is a really good chance that you are going to be found at fault...if he was also pulling out of a spot...then it would be 50/50.

I am aware of this. The damage on both vehicles is out of whack however.

I'll try to MS paint something.

EDIT: here is a crudely drawn pic. The damage is on the cars as a little blot. He claimed he was Stopped directly behind me, THEN said he was actually moving into the spot. But based on the damage, angle and all I would have hit him perpendicularly and caused fender damage, not bumper cover damage. It's a strange situation where he's lying, or I truly didn't see him, but I checked dammit. I always do.

http://i54.photobucket.com/albums/g84/Quintesson_2006/Accidentd.jpg

So I believe he was backing up. It's also fishy because I was going slow. I would have been going much to fast to hit him if he was driving away from me. Like I said damage to the cars is limited to scuffs, and that's about it.

[403Gemini]

Originally posted by Darkane
Yeah, it was a parking lot issue and he thinks it's my fault completely.

So he offered for me to pay for his damage? Anyway I'm pretty confident that the adjuster will rule in my favor hence why I went to the insurance first.

If we agree to cover our own damages, then I'll drop the claim because I think I can fix it for less than my deductible.

On the way to the cop shop now to file a pol&lt;ice&gt; report! Don't wanna fuck around.

What happened in the parking lot?

Also, if the other guy is 100% at fault, your deductible SHOULD be waived.

edit: my bad posted too soon - it looks to be 50/50

Was the damage to both back ends of both vehicles?

[Darkane]

Originally posted by 403Gemini




Was the damage to both back ends of both vehicles?

Yes sir. That's why it's a fucked up situation lol.

Exact same spot on both cars.

[403Gemini]

Ya , 50/50. who is your insurance company and who is his? it'll be based off of tort rules if both companies abide by the IBC

[em2ab]

Man, just call your insurance company and let them deal with it. Even if he wants to go outside of insurance (an admittance of guilt on his part) then your insurance company will still handle everything and let him pay them privately to settle. Outside of insurance means outside of his, not yours.

[Darkane]

Originally posted by em2ab
Man, just call your insurance company and let them deal with it. Even if he wants to go outside of insurance (an admittance of guilt on his part) then your insurance company will still handle everything and let him pay them privately to settle. Outside of insurance means outside of his, not yours.

Yeah for sure. I already did no worries, not gonna retract the claim. :)

[tom_9109]

I bet you're on 100%. He's gonna say he wasn't backing and he was waiting. You're gonna admit you were backing and not 100% sure what he was doing. As 403gemini said there is an IBC agreement as to fault and 99.9% of insurance companies are signatories. According to the IBC agreement the person backing is 100% at fault. It does not however cover the situation where both parties are backing. However, if it became apparent that you both were backing I'd imagine both insurance companies would agree on 50/50. So best case scenario is you're on for some. Just talk to the adjuster about paying it out if you're interested in that.

On a side note 90% of bumper hits are over $1000 to repair so I agree with those people suggesting you get the Police report to be safe.


Also its good you involved insurance, this guy sounds like someone who's gonna claim he's injured or something stupid like that.

[em2ab]

But if the guy wanted to settle outside insurance, then that's an admission of guilt on his part. Easily done, this happened to me a few months ago and when my insurance company contacted me, they told me the other guy asked them to deal privately and they said it was an automatic admission that he was wrong.

And I forgot to mention, if the bumper is either bit cracked or split anywhere, they will replace it instead of repair. And to replace a bumper is about $450, then it's about $300 to paint plus shop materials and disposal fees, it's easily $1100 for bumper repair. I've had it done twice.

[Darkane]

Thanks for the advice people. I ran to the cop shop last night, it was closed. Going right now to fill out a report. :thumbsup:

[canuckcarguy]

I agree that if he offered to settle outside of insurance, then he's definitely not confident that you're 100% at fault. I'd have the damage estimated before deciding whether to go through insurance, and I'd telll him that as far as you're concerned, you're each responsible for your own damage, and he can piss off. Both backing up = 50/50 responsibility.

[403Gemini]

Originally posted by em2ab
But if the guy wanted to settle outside insurance, then that's an admission of guilt on his part. Easily done, this happened to me a few months ago and when my insurance company contacted me, they told me the other guy asked them to deal privately and they said it was an automatic admission that he was wrong.



Cept that's not true at all... :rolleyes:

If a person slows down in a merge and/or stops and you rear end them - even if they get out of their car saying "Shit im sorry, thats my fault" - through insurance, it isn't It is your fault for hitting them.

[911fever]

You're going to be ruled at fault I think here because you were backing up, and for all people here who report accidents to the police even if they aren't going through insurance...you're risking your insurance finding out that you were in a collision or accident.

[Masked Bandit]

Originally posted by 911fever
and for all people here who report accidents to the police even if they aren't going through insurance...you're risking your insurance finding out that you were in a collision or accident.


Ahhhh nope, not in Alberta. Police do not advise the insurance companies of anything. Maybe in Ontario but not here.