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      02-04-2012, 11:31 PM   #1
cwidjojo
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got knicked while i was illegally parked. HELP

hi guys, i need your help. i was parking in an illegal (white striped zone) spot momentarily and a guy somehow hit my car when he was backing out. i dont know how he could have hit me, the space between my car and his was pretty spacious. the damage is not minor... it only scraped the paint, but still....
anyway, he told me if i make a claim from his insurance, he's going to make one too with the argument that i was parked illegally, and if i keep quiet, he's also going to keep quiet. i currently have no idea what to do, so people who are experienced with insurance filing or working in an insurance company, PLEASE HELP.
thanks in advance guys. cheers.

chris

(i was parking on the white striped area, and the guy's car was to my left)
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      02-04-2012, 11:35 PM   #2
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From my understanding it doesn't matter if you were illegally parked. He hit you. He should've checked his surroundings before moving and if he didn't have sufficient room to move he should've gotten you towed. I'm pretty sure you'd be ok filing a claim, discussing it with your broker or an agent wouldn't hurt I'd imagine.
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      02-04-2012, 11:43 PM   #3
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He's trying to backmal you. Worst case you get a ticket. Hes on the hook for your repairs. Cal the policeand get a report.
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      02-04-2012, 11:44 PM   #4
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Sounds like he is trying to bully you. Don't let him- he hit you, doesn't matter.
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      02-04-2012, 11:51 PM   #5
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Agreed with the previous comments.. call the police and get them involved.
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      02-04-2012, 11:54 PM   #6
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Agree with everyone that's suggesting you get the police involved in this incident. He hit you so he's responsible for the damage done to your car.
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      02-05-2012, 12:09 AM   #7
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let it go.. the bumper won't cost that much to repair.

Unless you go to BMW and they force you to get a new bumper for no reason.
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      02-05-2012, 12:31 AM   #8
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I'd still file a claim to piss him off and make him pussy hurt, just for the simple fact that he made the dumb comment.
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      02-05-2012, 01:47 AM   #9
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Not sure about this but many years back my mother was parked at a no parking spot while she waited for someone and some lady making a turn hit right into her car, and later sued and won. Their argument was that if should had not been stopped at a no stopping zone the accident would have not happened. Keeping in mind that this was a huge street and my mothers car was not blocking the flow of traffic??

OP: personally I would call police file report and file claim just to piss the sh!t head off, but like someone else said that is minor damage and if you have a high deductible you will probably wind up paying for the repair youself if his insurance doesnt pay. GOOD LUCK
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      02-05-2012, 01:54 AM   #10
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Call his bluff. This will not be a cheap repair. Even though you were illegally parked, he is at fault. Good luck.
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      02-05-2012, 09:33 AM   #11
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I don't think you can get a ticket retroactively besides, there are measures in place to deal with illegal parking and thats none of his business. But that doesn't change the fact that this moron damaged your vehicle. The two offenses aren't related.
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      02-05-2012, 10:57 AM   #12
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Originally Posted by AwesomeBMW2 View Post
I'd still file a claim to piss him off and make him pussy hurt, just for the simple fact that he made the dumb comment.
+1 Sounds like the jerk needs some lessons in driving as well.

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Originally Posted by HeartMD View Post
Not sure about this but many years back my mother was parked at a no parking spot while she waited for someone and some lady making a turn hit right into her car, and later sued and won. Their argument was that if should had not been stopped at a no stopping zone the accident would have not happened. Keeping in mind that this was a huge street and my mothers car was not blocking the flow of traffic??

OP: personally I would call police file report and file claim just to piss the sh!t head off, but like someone else said that is minor damage and if you have a high deductible you will probably wind up paying for the repair youself if his insurance doesnt pay. GOOD LUCK
There are different reasons for making an area "No Parking". If the area is obviously posted for safety reasons, you'll lose. If it was for other reasons, like visibility or pedestrian safety, a person can't justify their stupidity by trying to put the blame on a parked car.
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      02-05-2012, 11:48 AM   #13
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Quote:
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Call his bluff. This will not be a cheap repair. Even though you were illegally parked, he is at fault. Good luck.


How will this not be a cheap repair?
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      02-05-2012, 11:54 AM   #14
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Quote:
Originally Posted by Michaeljh2000 View Post
Call his bluff. This will not be a cheap repair. Even though you were illegally parked, he is at fault. Good luck.
+1
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      02-05-2012, 12:18 PM   #15
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If you have all the info from him, then pass it on to your insurance and let them deal with it. He hit you, he is responsible for his actions and your insurance company will deal with this correctly that is what you pay them for ...

So contact your insurance ASP and get a repair estimate.
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      02-05-2012, 12:20 PM   #16
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Quote:
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How will this not be a cheap repair?
on his car this will add up to $3,000- at least
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      02-05-2012, 12:39 PM   #17
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on his car this will add up to $3,000- at least
Less than $1,000.
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      02-05-2012, 12:45 PM   #18
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I suggest you do research and see what you can dig up
on similar situations then make your decision.

Its your call at the end of the day. To sand down the bumper
and repaint is not that expensive but is a pain.
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      02-05-2012, 03:44 PM   #19
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Tell him you'll verify with your lawyer and if you're right he has to pay for your car and legal bill.

He's bullshitting you. Make him pay. Then ask him why he's so unhappy in his personal life that he'd stoop so low.
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      02-05-2012, 03:46 PM   #20
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He struck a parked car. He's screwed. Go get a police report.
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      02-05-2012, 03:48 PM   #21
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He struck a parked car. He's screwed. Go get a police report.
+1..Exactly
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      02-05-2012, 03:52 PM   #22
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Would discuss with your ins company on options. Then make your decision. Good luck.
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