well just my luck!

as some of you may know, i was involved in an accident today [no more than 2 hours ago]

i was in a parking lot [Pierce College Woodland Hills CA] and there was no parking, and as i was going down the parking lanes [around 2 mph] this nissan backs up and hits me out of nowhere!

my question is, this is my right of way, so it would be the nissans fault.

pics coming up in a bit. all of the damage is on the right hand side

i was hoping on getting parts at Mazdatrix

 

People backing up are suppose to look and then yield to any traffic in their path. Doesn't sound like they did that. I would tell your insurance company and they can argue with the other driver.
Sorry for this happening.

 

In VA it's their right of way. It can only be your right of way if you have full view.

I have played chicken with many a parking-lotter who expects me to stop for them after I'm halfway out of a slot reversing. I'd snag a driving manual from the DMV and see what it says.

 

I did the same thing once, also in CA, and insurance assigned me 100% at fault. You should be in the clear.

 

well the thing is, is that she wasnt even backing up yet. she only started to back up when i was passing right in back of here [ which explains the dents in the door and the quarter panel]

 

Good point.

I've seen it go both ways but one time it was blamed on the driver since he hit the person pulling out, and they weren't backing out fast. Witnesses agreed and voila.

Got any witnesses?

 

thats the funny thing, everyone who saw left.

but i when i called insurance, they said that this would most likely go in the favor of me.

what was even more fucked up was that the other driver wanted in writing an apology [it wasn't my fault that she wasn't looking and backed up into me] and a statement saying that i knew i was behind her when she was backing up. yea, because i am going to incriminate myself. not going to happen.

 

women are dumb

 

lol. idiot. good luck with the insurance though..

 

Almost the same thin happened to me last dec. It's 100percent their fault

 

thanks guys. now im wondering where can i get a passenger front/suicide door

 

Lol? Wow, I'm slightly amazed.

Sorry for your misfortune. People need to take the extra 3 seconds to double check their surroundings when coming out of stalls.

 

Really?

Then why was she smart enough to ask for this?

 

Let the body shop take care of it. Her Insurance will be paying for it.

I find it so hard to agree with Razz1,,,,but,,,,,,, He has a point.


Oh God. I need a shower now! I feel so dirty.

 

so does anybody know or can give me an idea of how all of this is supposed to work?

so far i have called insurance, and i have uploaded the photos on their website.
then what?
i know i can pick my own shop, which will most likely be a friends shop because i know that they will do their best since they know me personally.

but before all of that what happens?
when i called my insurance, they told me it would be her fault, and that they would contact her and her insurance. but what happens after that?

this is my FIRST accident so i wouldnt know what should happen

 

updated pics of further damage

 

You drop off car, they fix it, insurance pays. If you have rental coverage, you get rental car, then reimbursed for rental car.

 

As long as her insurance contacts you, it happens like brandini says. Except - you don't need rental coverage to get a rental car. Her insurance pays.

When you talk to her company, tell them you'll need a rental car. There are cheaper rental outits that they like to use (which is the one that advertises "We'll pick you up?") that will dop off a rental at the body shop, then pick it up afterwards. Her company is likely to ask you to go to one of their drive-in claim centers. They may give you a check for their estimate, or they may give you their estimate and an authorization for your body shop to do the work. As long as she's covered by one of the mainstream companies, you should be fine.

If her insurance stonewalls, you get it fixed on your collision, and your company will then sue her. Best to talk to your agent about just what will happen then.

Ken

 

ok thats good to know. cause when i was talking to my insurance they said i am not covered for the damage under my insurance, so they will be going through hers.

 

You don't have collision insurance? If not, make sure her insurance will pay before you get started on repairs.

 

add collision insurance asap.. if someone without insurance had hit you car you'd be pretty much SOL

 

yeah, thats what my insurance said.

 

im lost, is that different than "Uninsured Motorist & Underinsured Motorist"

 

Yes. Collision covers damage even if it's your fault. Uninsured covers damage only if it's someone else's fault and they don't have liability insurance. You get paid under uninsured only after they determine that the other guy was uninsured.

I had two cars taken out by uninsured drivers. I had collision, so only my deductable was at stake. One guy disappeared, and I did not get my deductable back until a year or so later, after he defaulted on a court judgement.

I was also once hit by a guy whose insurance company (Zurich) ignored every attempt to contact them. If not for my insurance (GEICO) having a stake in the matter through collision, I'd have been SOL.

I'm surprised your agend did not try selling you collision when you bought your car. It's pretty much a necessity on anything but a beater.

Ken

 

good info...

just got off the phone with my insurance [Geico] and heres the deal. they really cannot contact her because her phone is disconnected [which they said was kind of odd.] so they are sending her a letter.

but here is the best part, he said that if she doesnt respond to any of them they do not the liability to pursue her.

the initial issue is that, when we were exchanging info, i forgot to write down the insurance co. [i have never been in an accident, or know that much how insurance policies work so i didnt know what i needed to have] so my insurance does not know which company to contact. they can only contact her. but when they try to, they cant because her phone line is disconnected.

they said they will send her a couple letters, but thats the best they can do. if all goes south and she doesnt respond to any of them, i may have to file a lawsuit.