Parking lot accident / fender bender in North Carolina

Parking lot accident / fender bender in North Carolina - should we filed a claim?

My wife was in a parking lot in her Lexus RX300 SUV and started to back up. She stopped, established a position, and was about to go from reverse to drive when another SUV backed into her. She sustained a pretty big dent to her side in the back where the rear bumper is. The other driver had practically no damage but a few scratches to the dead center of his rear bumper. If I had to guess, the damage might be between $1,000 and $1,500.

We have a $1,000 deductible with USAA. The cop said each person was responsible for his or her damage because the accident occurred in a parking lot in North Carolina.

Does anybody know the NC law regarding this? From the looks of it, he is more at fault than my wife, as indicated by the damage and pictures. If I file this with my insurance provider, will I have to pay the deductible? Don't the insurance companies determine who is at fault when it comes to insurance claims? Please help!

G6er

Regardless, you will pay your deductable, that's the point of a deductable. So it's probably not worth the trouble. If you are in Reverse you are 100% at fault. If both parties are in reverse you are each 50% at fault. Accidents in parking lots are also 50% fault because they are usually too hard to determine who was more at fault based on driving rules. Damage to your vehicle doesn't indicate fault. If a car runs into a transport truck, the truck will have no damage, the car will have lots. The car can still be at fault though.

Result will be, you pay your deductable, you get 500 bucks from your insurance company and your rates go up for the next 5 years

oklatom

If, as your question seems to indicate, your wife was stopped, and someone backed into her, the other party would be at fault. Nothing changes just because you are in a limited access situation (parking lot) instead of the highway. And the police make reports, based on factual information, not opinions as to fault anyway.

File it with your insurance. You would only have to pay deductible if you chose to start repairs using your collision coverage. Even if you do decide that, or the insurance puts some of the blame on your wife, a good sized dent will be well over $1,000.

At any rate report it, and let the two companies discuss it. Once a decision has been made as to blame, you can decide what to do next. In the mean time, get an estimate from a good body shop on your damages so you will have a base line as to repairs.

kelly_f_1999

insurance companies do yes and most states cops dont make reports in parking lots and really sure turn it in if they hit you then it was theri fault turn it in first wil be better looking and a new bumper cost like 2000 bucks a few scratches can be more than $1,500 easy

Garth B

In Canada, insurance companies do not determine who is at fault when it comes to insurance claims. It is the police officer who investigates who has a lot of say in this (following rules and guidelines provided to him by superiors) unless the case goes to court where the judge would decide. I would be surprised if this were different in North Carolina.

Generally speaking, parking lot incidents and accidents involving less than $1,000 to $2,000 (depending on where you live) result in each party being responsible for their own damage. It is just not worth the cost of investigating and litigation.

I would not bother with my insurance if I were you. You will probably have to pay the deductible and it will contribute to your insurance going up in cost in future years.

taz

Avoid the nightmare. That claim for $500 - $600 will haunt you for the next 3 years or so. Why put a claim for $1500 when your deductible is $1000 and your policy most likely includes a 15% - 30% discount for not having claims in the past years?

Is not worth it. As for the parking lot accident and who is at fault... let it go unless you have a witness. If the officer said that no one is at fault, and there are no witnesses, it will be very hard to have the court favor you.

Advice, for future reference. It is always recommended to have a disposable camera in your car on the glove compartment. If you were to get in a similar situation, you can take lots of pictures before the other person is able to move the car away and tell a different story to the officer. It also helps reduce the fraud on behalf of the other person if they tried to collect from your company.

Manuel Fernandez

timothy p

The police officer is probably correct, but the insurance companies can argue over who is supposed to pay. I would get an estimate to see if it will be worth filing a claim. In addition to the deductible, it may make your rates go up as well

mbrcatz

Police do not determine fault, and I would disagree with that - I'd say the other driver is 100% at fault for this. Standards of fault do NOT vary, based on public or private property.

Yes, if you file with YOUR insurance, you pay your deductible. The insurance companies determine fault, based on state law. And your insurance company would go after the other person's insurance, and eventually reimburse your deductible.

And I love USAA. Great company.

eric

Yes, of course insurance companies determine fault when you file a claim. You can use your collision coverage and your insurance will go after their insurance or you can claim directly with their insurance or sue the driver in small claims court. If you wife was stopped and the other SUV backed into her, then it's the other drivers fault for not keeping a proper lookout. But the other driver might lie and say you both were backing up at the same time.

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