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      02-08-2012, 12:19 AM   #45
m3an
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**also if he was reversing it should be a win win for you as he had to use all care while backing to avoid hitting others as he did
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      02-08-2012, 12:20 AM   #46
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my folks went through something similar....he was backing out of a parking lot and some lady going the wrong way into a parking lot hit him because he was looking that way for cars. It ends up that my folks got most of the blame for not looking around before exiting event though no cars should have been coming that way since it was a one way exit. So he's more liable than you..imo
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      02-08-2012, 12:25 AM   #47
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Well you could end up like me and have the guy who hit you turn out to be some serious convicted violent criminal, in which case if you persue action against him or his insurance and report it you might end up having to move to prevent getting killed. Since you already exchanged information He knows who you are. Just a thought. In my case I paid for the repairs out of pocket once I found out his criminal history and never ever reported anything. Some people who say things like this guy did have things to hide.
Good luck.
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      02-08-2012, 12:27 AM   #48
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on his car this will add up to $3,000- at least
LOL 3k, Even if someone ripped off his whole bumper it would not be 3k worth.
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      02-08-2012, 04:39 AM   #49
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I don't care if you're parked and blocking five cars illegally. It still doesn't discharge the owner for damaging your property, regardless of how it's parked.

I'd tell the guy to take a walk, get a police report, and take it to a certified BMW shop, and bill his insurance for that + reasonable time for a rental car.

Legally he doesn't have a leg to stand on. Two wrongs don't make a right.
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      02-08-2012, 12:22 PM   #50
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not true.. This was in MA? I think.. anyway, even if you are in a comp neg state, you were not moving, parked and he hit you. Regardless if the vehicle is illegally parked or not, it's like saying you can hit someone b/c they were in the wrong place. You def should have called the police just to document the incident as once you file the claim, they adjusters are going to have to investigate and the police report would state you were not moving. However, based on the area of impact on your car, it is almost impossible for you to be charged with any fault as the damages are to the left most rear portion of the car and could only really have arisen from someone backing out and clipping your car. In any event go through his insurance to avoid and deductible. If you need any help, feel free to message me. I do this for a living. I am writing quick just to give you an idea. Hope this helps.
yes true....I could easily justify assigning a small percentage for this....but try his insurance first...worse they can do is deny it then just file yours and let yours subro and let ins fight it out including for your deductible....
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      02-08-2012, 01:01 PM   #51
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yes true....I could easily justify assigning a small percentage for this....but try his insurance first...worse they can do is deny it then just file yours and let yours subro and let ins fight it out including for your deductible....
oh really?? I would hate to have you as an adjuster. One guy is reversing, the other car is parked and hit... How is there any comp neg here? /
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      02-08-2012, 02:53 PM   #52
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oh really?? I would hate to have you as an adjuster. One guy is reversing, the other car is parked and hit... How is there any comp neg here? /
Maybe you would as a claimant but insureds would love me...I handled claims in alabama one of the only few states that was pure contributory negligence so even 1% bars you. Yes the person backing out has the much greater responsibilty to back safely and if this happened in one of these states, you cant park whereever then cry foul when your hit and not expect to get hit with at least 1%. But if this was one of the other states I would just let it go.
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      02-08-2012, 03:36 PM   #53
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Personally, I'd get it re-painted (at a private shop, not dealer, and out of pocket). It'll be a few hundred bucks.

Soon as you get a carfax blemish (nondescript bad-sounding label such as : "rear end collision"), your resale will tank far more than the cost of a repaint.

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      02-08-2012, 04:40 PM   #54
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just pay to repaint it. Dont make any record on the carfax
This is a good point if it was a hit and run dent, but the OP shouldn't be paying for repairs out-of-pocket if he knows who did it.

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