Accident help needed

[solefald]

So I got into a small accident at a gas station few weeks ago. I was in a dealer loaned E90, while my car was getting some work done.

Basically the guy was stationary at the pump as I was driving around this pump to get to the other side of it and he pulled forward while trying to reposition his car in front of the pump, so he hit me in the rear driver side door with his front right corner. Total damage is $250 (under my $500 deductible)

We exchanged the information, took pictures, said "have a nice day" to each other and he left the station, while i was still filling up. After he left, I took some more pictures from the distance finished filling up and left.

I made a diagram of the accident, opened a claim with my insurance company, spoke to his insurance company, gave them my sworn statement, sent in the digram I made (attached) and waited for the outcome. Spoke to my insurance adjuster couple more times and according to her and judging by my digram and location of the damage on both cars it is in no way my fault.

So this morning I get a call from my dealer. Apparently the other guys insurance company called and they are denying the clam saying it was my fault.

I call in his insurance adjuster at Liberty Mutual to see WTF and she tells me that the guy produced 2 witnesses who said that I was way too close to his car and that it was my fault. The thing is that he did not talk to *anyone*, except me, at that station before leaving. Not a single person.


Now, the problem is that the damages are below my deductible, so my insurance company does not give a shit, since they dont have to pay anything. I spoke to my adjuster and she was nice enough and agreed to request security camera footage from the gas station.

I know that $250 is not much, but fuck, accident is NOT my fault. Why do i have to pay for it?

Is there anything I can do about this bullshit??? They are not giving my contact info for those "witnesses" so i can't verify anything. Hopefully security camera footage will clear things up, if the gas station would provide it to us...

[ragingclue]

Did the police arrive at the scene and promptly beat you for no reason?

[NYCGP]

No, sorry. $250.00 poorer.

I was pulling into my parking garage and got ran into by some asshole hipster on a bicycle with no brakes. He couldn't make his bike slow down (because he didn't have brakes). Did about $900.00 worth of damage to the car. Obviously the guy on the bike doesn't have insurance.

Your deductible is $500.00. You pay anything under it. Simple as that.

[solefald]

Originally Posted by ragingclue

Did the police arrive at the scene and promptly beat you for no reason?

yes. i am writing this from guantanamo bay

[NYCGP]

Originally Posted by solefald

yes. i am writing this from guantanamo bay

Fuck yeah! Free cuban vacation for a fender bender...

[infinitekidM2C]

Sorry just from a neutral perspective it looks like u cut him off and he had the right of way...i mean yeah he should have been more careful but he is going straight and your turning left across his right of way..its $250 bro, just let it go.

[solefald]

Originally Posted by infinitekid2002

Sorry just from a neutral perspective it looks like u cut him off and he had the right of way...i mean yeah he should have been more careful but he is going straight and your turning left across his right of way..its $250 bro, just let it go.

I did not cut him off. His car was stationary at the pump. He was not moving

[NYCGP]

Originally Posted by solefald

I did not cut him off. His car was stationary at the pump. He was not moving

You hit a parked car. It was your fault.

[infinitekidM2C]

Ok but he moved forward to reposition...and you turned into his area so to speak..anyways ill not try to convince you; just sharing my opinion.

[Blake]

well you have two options: keep battling with insurance, keep being frustrated, possibly lose your case and having a claim on your insurance. OR pay $250 and everything is squared. your choice. if you feel you have a reasonable chance at winning, then keep fighting.

personally, i would pay the $250, make the other party sign a release, and quit fiddling with insurance.

[solefald]

Originally Posted by NYCGP

You hit a parked car. It was your fault.

No. I did not hit the parked car. I was driving around his car when he pulled forward. I guess he was trying to reposition his car in front of the pump, so he was looking backwards in the direction of the pump and not in the direction of his travel

He was stationary when I was driving around him and then he pulled forward.

[NYCGP]

Alright Sole.. I was just trolling ya a bit. Yeah. It sounds like a shitty situation. But you are not getting out of this one without paying $250.00.

[solefald]

Originally Posted by NYCGP

But you are not getting out of this one without paying $250.00

I guess not.

But I do have a bunch of pictures of the gas station right after the accident, and there is no truck that he claims his "witnesses" were in. I hope karma gets this fucking asshole.

[McMuffin]

Sit back and let the insurance do the investigation man. That's why you pay their ass!!

[Vanity]

Use his information that you got and....













POUR PAINT THINNER ON HIS CAR.



Then post pics for lulz here at OT.

[NYCGP]

^^And then when they arrest you... Blame Canada.

[Vanity]

Originally Posted by NYCGP

^^And then when they arrest you... Blame Canada.

No one blames Canada.



PERFECT CRIME.



+1 for this Idea OP

[infinitekidM2C]

Canadians...

[KGB7]

Originally Posted by McMuffin

Sit back and let the insurance do the investigation man. That's why you pay their ass!!

+1

Tell your insurance what his insurance told you and let them fight it out in a cage on pay-per view.

[solefald]

Originally Posted by KGB7

+1

Tell your insurance what his insurance told you and let them fight it out in a cage on pay-per view.

My insurance company does not give two shits, because the damages are below my deductible and they don't have to pay anything, so to them this accident did not even happen. The adjuster girl was nice enough to offer her help getting security footage, but it probably wont help much, if any.

[Freakazoid]

you're going to be screwed either way. here's why:

It's going to be 'read' by the insurance companies as one of two ways:
1. You hit a stationary car
2. You didn't hit a stationary car, but he had the right of way, regardless of the car being previously stopped. (an automobile stopping for any reason but a legally required stop does not forsake the right of way)

Pay the $250, you won't win this battle unless your insurance agency is really ready to fight for you (which it sounds like they're not). The video MIGHT help and could shift the above, but doubtful.
You have to realize what's happening is the other insurance agency is going to be willing to battle, your insurance agency won't be willing to battle. What this means to you then is you'll be fighting the insurance agency.

[Maestro]

Here is my take on it, and since you live in CA. The fact your crossed in front of him is the reason they are denying the claims. In most states even if you were in the wrong and the other person's front of their car hits you anywhere behind the front of your car it is their fault. However, in CA they are what is called assigned blame, meaning they can assign blame to the other driver for doing something that either caused the accident or they did not attempt to avoid the accident. In your case they are claiming you should not have crossed in front of him.

Also, since you are in CA, even if you called the police to get a report, they would have refused since it was on private property and the will tell you they have no authority on private property.

With that said, most insurance companies will automatically refuse to pay as standard practice and make you fight them. As you stated your insurance could care less since the $250 will not be paid by them no matter what so they have no interest in helping.

As a matter of the witness, who are they, were they passengers in his car. This could be a ploy on the insurance companies part so get their names and addresses and relationship to the driver.

The other thing you can do is file a claim in small claims court and hope the person nor his insurance company shows up and you win automatically and you show them the judgement and they most likely will pay since it now will become too costly to try and appeal the decision.

A friend of mine did this when a local mechanic totaled his BMW when he took it home for a joy ride, the insurance company for the muffler shop refused to pay since they claimed guy did not have permission to take the car they claimed he stole the car and therefore the insurance company had no responsibility. Well he took it court and the judge agreed with my friend and the insurance company did not show so he got an automatic judgement in his favor. The insurance attempted to appeal the decision but in the end they paid since it was going to cost more to fight.