Lady in SUV backed into me

Musashi · 04-16-2009, 06:01 PM

If you can some money out of her, fix it on your own, would stay off Car Facts history report. Not worth the headache. It's good you have the right attitude about it.

spearfish25 · 04-16-2009, 06:01 PM

Don't file with your insurance or take it to a body shop that will report it. Once that $hit is on your carfax report, the value takes a dump. I just went through this while trading in my Audi A4 to get the new Z. They saw that some moron hit my rear quarter panel on the Audi (perfectly repaired but showed up on my Carfax report) and suddenly it was "damaged goods." The problem was the repairs cost $1800, but in the end it probably cost me just as much based on how they depreciated the value due to the bad report.

Musashi · 04-16-2009, 06:08 PM

and right when you trade a car in they ask you to sign off that you were never involved in an accident etc.... Bumper is such an easy fix. NO ONE WILL EVER KNOW, except the forum lol.

2theextreme · 04-16-2009, 06:27 PM

Quote:

Originally Posted by semtex

Thanks guys. Honestly, I know this is going to sound strange, but I barely even care. In fact, I might just say screw filing a claim against her insurance and pay for it out of pocket, because (a) my mechanic also does body work and can knock this out in about 4 hours for $350, and (b) I hate leaving my car with body shops; the interior comes back coated in dust, plus my car's value will be diminished. But the real reason I say I barely even care is, well, considering what happened to my 350Z . . .

. . . this is nothing to get upset about. Getting into an accident that requires EMTs to extract you from your vehicle on a back board kinda changes one's perspective on things. I just don't sweat the small stuff anymore.

I know exactly what you mean about the back board thing.....happened to me little over a month ago in my (first) 370. Thankfully I was able to replace it with a nice new blue one!

BanningZ · 04-16-2009, 06:35 PM

Good man Semtex! Sucks that this happened but your handling it in the best way possible.
Getting all worked up and mad never helped anyone.

StLRedrider · 04-16-2009, 09:27 PM

Maybe you should have her fix the z even though the damage is minor. It might open her eyes and she'll be more carefull. Now she thinks she is getting off easy and will never learn, she is just lucky nobody got hurt or your z wasn't a hell of alot worse.

ocfoilist · 04-17-2009, 02:00 AM

Wow, that is almost exactly what happened to me two weeks ago. I was getting ready to trade in my 350 for a new 370 and just after I drove back from Carmax to get an appraisal quote, some girl in an SUV backed up into me in a parking lot. I had just finished pulling out of my space and was about to go forward when she started pulling out of her space on the other side. I must have honked and shouted for 2 seconds but she just plowed right into me. She got out of the car and said, "oops...I always forget to look behind me when I'm backing out."

At any rate, it pushed back the purchase of my 370 until it all got fixed. But I am happy to report that I am now the proud dad of a new 167.2 inch, 3278 lbs baby Z! And she's blue!

Now I just have to avoid entering any parking lots...

tvfreakazoid · 04-17-2009, 05:34 AM

Dang that sucks. I know when I get my new ride I will have to park far away from other cars. Hopefully that will help reduce parking lot accidents.

semtex · 05-08-2009, 05:25 PM

Okay, I have an update on this, and I wouldn't mind some feedback on a dilemma I now have. It's been 3 weeks since the accident, and I just found out today from the lady's insurance adjuster that they're denying my claim. Why? Because even though I was stopped when the lady hit me, I can't prove it and there are no witnesses who can back up me up, so as far as they're concerned I hit their policy holder as much as she hit me and we're equally at fault. In the statement that the lady gave to her insurance company (Liberty Mutual), she stated that she doesn't know if I was already stopped when we made contact, or if I was also still backing up. Now, I can't blame her for saying this, because it's the truth. All she felt was a bump. There is no way for her to know if my car was stationary or moving at the time of the impact.

I talked to my own insurance agent and asked him what my options are. He said that he's seen this thousands of times. He said that the insurance adjuster may even believe that even I'm being truthful and was stationary when his driver backed into me, but he also knows that I can't prove it, so he'll just screw me over without a moment's hesitation, because that's his job. It's his job to not pay out if he thinks his company can get away with it. The amount of the damage is below my deductible, so filing a claim with my own insurance and letting the two insurance companies duke out liability is not an option. My agent told me that at this point, my only option would be to call up the other driver and tell her that I'm going to sue her in small claims, but she can avoid being sued if she calls the adjuster back and tells him she's changed her mind and knows that she was at fault for sure.

Well, that doesn't sit well with me. That sounds like bullying, and that's just not me. But here's the dilemma. As much as I don't want to bully the other driver, I feel like her insurance company is bullying me, and that's just getting under my skin right now real bad. If I just let the issue drop, then I feel like I'm not standing up for myself and rewarding their bullying behavior. It's not about the money. As I've already stated earlier in this thread, I'm actually fine with paying for the repairs on my own. It's the principle of the thing -- I don't tuck my tail between my legs and back down when someone tries to bully me. What sucks is that in order to stand up for myself, I have to bully the lady who hit me. I have to be vicious to her as a stepping stone to get at her asinine insurance company.

So I'm torn. I do not want to be a jerk and bully this lady. My brain is telling me to just let it drop and walk away, especially seeing how money isn't the issue. But my gut is telling me to get nasty and fight, because that's my instinct. In fact, my gut is telling me to make the insurance company pay in some other, non-monetary, 'extra-cirricular' way that I won't detail because . . . well, it's not legal. I think of 'First Blood' and 'Falling Down' as inspirational films. I'll just leave it at that.

So what do you guys think? Just take a deep breath and let it go? Honestly, that's what I'm trying to do. But how do I shake this feeling that I'm just backing down and letting some jerk walk all over me and not standing up for myself? I try to be easy going. I'm the kind of guy who can shrug things off all day long with people, no matter what they do to me, so long as I know that it was accidental. But the moment I think someone is trying to screw with me intentionally, all bets are off and I go to war.

takimbe · 05-08-2009, 05:51 PM

At least she was genuinely sorry and didnt just hit and run like the guy who did it to me. Insurance companies are feeling the pinch of the economy too, so any chance they can get to screw you over, they will take. Its a tough situation, and I dont think the insurance company can be touched. you COULD demand to talk to his supervisor, or request that your claim be handled by someone else.

I have the same instincts as you. If i get bullied, I wait until the bullier turns his back and I strike back, often 10 times as worse.

In this case, the woman was genuinely remorseful and its the insurance company who is screwing you over. You could take an in between path, call the woman up, and tell her the circumstances, and ask if shes willing to split the cost of the repair with you.

that way you dont incur the full cost, you dont have to bully her, take her to court, or anything else. You will still have to pay, but you are asking her nicely to help you out.

Forrest · 05-08-2009, 06:26 PM

Wow that sucks bad. Bet you wish you didnt get that rep point for not using a hand gun now.

Honestly its let it go. IF i am correct this lady will let human nature take over and let you get screwed even if its her fault becuase her insurance is probably telling her legaly nothing you can do.

Let it go and pray for karma.

frost · 05-08-2009, 06:37 PM

Without writing too long of a post, insurance companies are a plague on the US, and I would do anything to get them to pay.

BMW Killa · 05-08-2009, 06:45 PM

ditto

OnCallZ · 05-08-2009, 08:41 PM

If it happened to me I would call up the woman and nicely ask her to split the cost. You say it's not a matter of money for you but more a matter of not backing down. For me I don't care if its 100$ or 10000$,
I would still have someone pitch in if I knew it wasn't my fault. obviously you weren't at fault, why let the insurance company walk?
I advise you call the woman and tell her everything and see what her reaction is.

NotmyGTR · 05-08-2009, 11:26 PM

Quote:

Originally Posted by aarc51

welp, there's your answer. If she was ugly i bet you'd be pissed.

fo sho

04-16-2009, 06:35 PM	#35 (permalink)
BanningZ A True Z Fanatic Join Date: Nov 2008 Location: nowhere Posts: 5,478 Drives: 06' Nismo Frontier Rep Power: 28	Good man Semtex! Sucks that this happened but your handling it in the best way possible. Getting all worked up and mad never helped anyone. __________________ Become a Premium Member: Click HERE MB 06' Nismo VQ40DE

04-17-2009, 02:00 AM	#37 (permalink)
ocfoilist Base Member Join Date: Apr 2009 Location: Orange County, CA Posts: 202 Drives: 09 Blue 6m 370zT/S/N Rep Power: 16	Wow, that is almost exactly what happened to me two weeks ago. I was getting ready to trade in my 350 for a new 370 and just after I drove back from Carmax to get an appraisal quote, some girl in an SUV backed up into me in a parking lot. I had just finished pulling out of my space and was about to go forward when she started pulling out of her space on the other side. I must have honked and shouted for 2 seconds but she just plowed right into me. She got out of the car and said, "oops...I always forget to look behind me when I'm backing out." At any rate, it pushed back the purchase of my 370 until it all got fixed. But I am happy to report that I am now the proud dad of a new 167.2 inch, 3278 lbs baby Z! And she's blue! Now I just have to avoid entering any parking lots... __________________ Proud owner of a new 167.2 inch, 3278 lb baby Z! Stillen CBE & G3 Intake // Stillen Lightweight pulley // Stillen Oil Cooler // Goodridge Braided Stainless Steel Brake Lines // ACT HDSS Clutch& Alum Flywheel

04-17-2009, 05:34 AM	#38 (permalink)
tvfreakazoid A True Z Fanatic Join Date: Jan 2009 Location: kommie kali Posts: 1,238 Drives: 2015 Audi S5; 6spd. Rep Power: 10324	Dang that sucks. I know when I get my new ride I will have to park far away from other cars. Hopefully that will help reduce parking lot accidents. __________________ Mudders milk

05-08-2009, 05:25 PM	#39 (permalink)
semtex A True Z Fanatic Join Date: Jan 2009 Location: Behind enemy lines Age: 53 Posts: 5,995 Drives: People to drink Rep Power: 32	Okay, I have an update on this, and I wouldn't mind some feedback on a dilemma I now have. It's been 3 weeks since the accident, and I just found out today from the lady's insurance adjuster that they're denying my claim. Why? Because even though I was stopped when the lady hit me, I can't prove it and there are no witnesses who can back up me up, so as far as they're concerned I hit their policy holder as much as she hit me and we're equally at fault. In the statement that the lady gave to her insurance company (Liberty Mutual), she stated that she doesn't know if I was already stopped when we made contact, or if I was also still backing up. Now, I can't blame her for saying this, because it's the truth. All she felt was a bump. There is no way for her to know if my car was stationary or moving at the time of the impact. I talked to my own insurance agent and asked him what my options are. He said that he's seen this thousands of times. He said that the insurance adjuster may even believe that even I'm being truthful and was stationary when his driver backed into me, but he also knows that I can't prove it, so he'll just screw me over without a moment's hesitation, because that's his job. It's his job to not pay out if he thinks his company can get away with it. The amount of the damage is below my deductible, so filing a claim with my own insurance and letting the two insurance companies duke out liability is not an option. My agent told me that at this point, my only option would be to call up the other driver and tell her that I'm going to sue her in small claims, but she can avoid being sued if she calls the adjuster back and tells him she's changed her mind and knows that she was at fault for sure. Well, that doesn't sit well with me. That sounds like bullying, and that's just not me. But here's the dilemma. As much as I don't want to bully the other driver, I feel like her insurance company is bullying me, and that's just getting under my skin right now real bad. If I just let the issue drop, then I feel like I'm not standing up for myself and rewarding their bullying behavior. It's not about the money. As I've already stated earlier in this thread, I'm actually fine with paying for the repairs on my own. It's the principle of the thing -- I don't tuck my tail between my legs and back down when someone tries to bully me. What sucks is that in order to stand up for myself, I have to bully the lady who hit me. I have to be vicious to her as a stepping stone to get at her asinine insurance company. So I'm torn. I do not want to be a jerk and bully this lady. My brain is telling me to just let it drop and walk away, especially seeing how money isn't the issue. But my gut is telling me to get nasty and fight, because that's my instinct. In fact, my gut is telling me to make the insurance company pay in some other, non-monetary, 'extra-cirricular' way that I won't detail because . . . well, it's not legal. I think of 'First Blood' and 'Falling Down' as inspirational films. I'll just leave it at that. So what do you guys think? Just take a deep breath and let it go? Honestly, that's what I'm trying to do. But how do I shake this feeling that I'm just backing down and letting some jerk walk all over me and not standing up for myself? I try to be easy going. I'm the kind of guy who can shrug things off all day long with people, no matter what they do to me, so long as I know that it was accidental. But the moment I think someone is trying to screw with me intentionally, all bets are off and I go to war. __________________ "There are no small accidents on this circuit." -- Ayrton Senna 316.8whp & 248 ft/lbs (Dyno Dynamics) \| 319whp & 256 ft/lbs (DynoJet) (04/23/10) Stillen G3 CAI, CBE, Pulley / F.I. LTH / GTSpec Ladder Brace / Setrab Oil Cooler / UpRev-tuned by Forged Perf.

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04-16-2009, 06:01 PM	#31 (permalink)
Musashi Enthusiast Member Join Date: Mar 2009 Location: New Jersey Posts: 357 Drives: 09 370Z 6speed Rep Power: 606	If you can some money out of her, fix it on your own, would stay off Car Facts history report. Not worth the headache. It's good you have the right attitude about it.

04-16-2009, 06:01 PM	#32 (permalink)
spearfish25 A True Z Fanatic Join Date: Mar 2009 Location: Naples, FL Posts: 4,117 Drives: to work Rep Power: 1856	Don't file with your insurance or take it to a body shop that will report it. Once that $hit is on your carfax report, the value takes a dump. I just went through this while trading in my Audi A4 to get the new Z. They saw that some moron hit my rear quarter panel on the Audi (perfectly repaired but showed up on my Carfax report) and suddenly it was "damaged goods." The problem was the repairs cost $1800, but in the end it probably cost me just as much based on how they depreciated the value due to the bad report.

04-16-2009, 06:08 PM	#33 (permalink)
Musashi Enthusiast Member Join Date: Mar 2009 Location: New Jersey Posts: 357 Drives: 09 370Z 6speed Rep Power: 606	and right when you trade a car in they ask you to sign off that you were never involved in an accident etc.... Bumper is such an easy fix. NO ONE WILL EVER KNOW, except the forum lol.

04-16-2009, 09:27 PM	#36 (permalink)
StLRedrider A True Z Fanatic Join Date: Jan 2009 Location: St.louis,Mo Posts: 17,755 Drives: O9Sprt/Touring,p-51 Rep Power: 60	Maybe you should have her fix the z even though the damage is minor. It might open her eyes and she'll be more carefull. Now she thinks she is getting off easy and will never learn, she is just lucky nobody got hurt or your z wasn't a hell of alot worse.

05-08-2009, 05:51 PM	#40 (permalink)
takimbe Base Member Join Date: Feb 2009 Location: San Diego, CA Posts: 223 Drives: 09' PG 370Z w/SP Rep Power: 264	At least she was genuinely sorry and didnt just hit and run like the guy who did it to me. Insurance companies are feeling the pinch of the economy too, so any chance they can get to screw you over, they will take. Its a tough situation, and I dont think the insurance company can be touched. you COULD demand to talk to his supervisor, or request that your claim be handled by someone else. I have the same instincts as you. If i get bullied, I wait until the bullier turns his back and I strike back, often 10 times as worse. In this case, the woman was genuinely remorseful and its the insurance company who is screwing you over. You could take an in between path, call the woman up, and tell her the circumstances, and ask if shes willing to split the cost of the repair with you. that way you dont incur the full cost, you dont have to bully her, take her to court, or anything else. You will still have to pay, but you are asking her nicely to help you out.

05-08-2009, 06:26 PM	#41 (permalink)
Forrest Track Member Join Date: Mar 2009 Location: california 707! Posts: 677 Drives: 09 370z Blk 6mt sprt Rep Power: 258	Wow that sucks bad. Bet you wish you didnt get that rep point for not using a hand gun now. Honestly its let it go. IF i am correct this lady will let human nature take over and let you get screwed even if its her fault becuase her insurance is probably telling her legaly nothing you can do. Let it go and pray for karma.

05-08-2009, 06:37 PM	#42 (permalink)
frost Retired admin Join Date: Dec 2008 Location: Winterfell Posts: 106,613 Drives: Your Wife Crazy Rep Power: 0	Without writing too long of a post, insurance companies are a plague on the US, and I would do anything to get them to pay.

05-08-2009, 06:45 PM	#43 (permalink)
BMW Killa Enthusiast Member Join Date: Jan 2009 Location: FL Posts: 287 Drives: neezmo Rep Power: 188	ditto

05-08-2009, 08:41 PM	#44 (permalink)
OnCallZ Base Member Join Date: Jan 2009 Location: Florida Posts: 108 Drives: g37 Rep Power: 16	If it happened to me I would call up the woman and nicely ask her to split the cost. You say it's not a matter of money for you but more a matter of not backing down. For me I don't care if its 100$ or 10000$, I would still have someone pitch in if I knew it wasn't my fault. obviously you weren't at fault, why let the insurance company walk? I advise you call the woman and tell her everything and see what her reaction is.