IF the body shop is willing to go on record, you could respond with Mr. X, owner/mechanic/etc at Champs Auto Collision informed me that given his extensive knowledge of auto body work, the damage done to my vehicle is consistent with a collision where one vehicle backs into a parked vehicle. I believe that the insurance companies will appreciate this information in regards to determining fault in this situation.

At least put him back on his heels a bit

IDK I guess its just here in Alabama but I know back when I was driving my 300zx someone back into me at Sonic and the poilce came out and wrote up an accident report.

Just quoted myself... As when you tell your insurance this and show the damage, which would have the same directional damage, there is no way you would hit for it....

Can you elaborate a bit. Your above statement is confusing to me Xan.

Its funny how more things are coming to me as days go by, like how he started moving towards his open driver side door to move the car back into his space while saying I should do the same in case anyone else drives in and needs to pass. He was really slick. He just didnt want to give me a chance to take photos and video of the positions of the cars. Im just going to write all this stuff down and have photos developed and ready for the adjuster. I also hope I can actually take him to the scene of the accident. I also have people who can vouch for wear I park every single morning in the lot. I dont know if that will help, but I can hope and pray.

vandalizing his car won't matter?... do something that does, slash his tires. all 4 tires, gonna need it towed. WIN

It's simple, draw out on a piece of paper how your cars were angled and how you got hit. You were moving forward and he was backing up.
If you look at the direction and angle of your cars, you can show that you didn't hit him, but he hit you... Then you can further proof this is true by the damage you have on your car... If you drive into something your damage would be in the direction you are driving.... Your damage was on the side and then to the back... Proof he hit you and not the other way around...

Sorry about your father in-law. I just got into an accident lat week, and it was a simple fender bender, police came out, filed a report, and put in the report that it was his fault. And I know its probably less than 1000 dollars.

I will do all of that once the adjuster gets here, but like I said I was either completely still or moving ever so slightly forward by letting the clutch out slowly. I really cant remember if I was moving forward much or not, but I think my car nudged forward just a mm or 2 when he hit me. I also have pictures that I got developed today along with notes and a few written statements that I want to remember to tell the adjuster. I dont think this attorney will have as much substance and/or any pictures, but you never know.

After having to deal with a shady douche in a clear fault accident, couple of things you need to keep in mind. One, write down every key point of your side of the story. Adjusters and claims people WILL try to get you to second guess or alter your story down the road, simply to minimize payments. Secondly, don't say I think, or I guess, make every statement a declaration of fact. It is much harder for them to make wiggle room in a firm statement. Also, one thing a lot of people don't bother to recall is time, place, conditions (sunlight, rain, extenuating circumstances, etc). Laying down that you are confident on the basics, and also aware of your surroundings only strengthens your case.

Just for reference, this information comes from my experience being rear ended while stopped at a light by a guy who was texting and didn't look up. He tried to claim my brake lights weren't working, proven false, then claimed that I was rolling out, which was also proven false. Even when they determined that it was 100/0 for fault, the adjuster still tried to trip me up on my story to be able to justify lowballing me on the settlement

Lots of good information in this thread for you to keep in mind in the future if something ever happens again, but I'll just throw in my :twocents:

1. In Texas it is legal to record a conversation if you are a party involved in the conversation - only one party must agree, you do not need permission from the other party(s). I have this first and foremost in my mind if I get in an accident. Look up the laws for your state - only about 12 have more restrictive requirements for conversation taping. If I don't want them to know I'm recording them, I will just put the iPhone on video record and act like I'm taking individual photos and then just kind of hold the phone in my hand so it can continue to pick up the conversation. Do not let them move the car until you have full evidence via video or photo - if they refuse to let you document the accident and try to move their car, you now have record of them doing so and a good arguing point for later.

2. I generally call up the insurance company on the spot. My wife got in an accident near our home and I just happened to be on my way home and really close. When I got there, the douche that hit her admitted fault to me but also admitted he did not have insurance citing some dumb excuse why not. I immediately called Nationwide and got them to take his statement over the phone right quick (I just called and said before I give you all the accident details, please take this gentleman's statement who just hit me). Sure enough, Nationwide called me later that night and said he was trying to claim now that it was my wife's fault. They told me not to worry because they already had his recorded statement.

I've been lucky enough to have police officers as witness to several accidents where I've been hit. Every single one tried to claim it wasn't their fault when I'm standing right next to the officer who has already told me they saw everything and will stand by me. One lady didn't speak English, no driver's license, no insurance, plowed into me at 35 mph while I was trying to turn into a driveway. A cop in the parking lot I was turning into saw the whole thing, and said she didn't even look like she tried to slow down. Her story was that I had cut her off... except that I was in the right lane about half a mile back. People are f***ing ridiculous.

Also, I recommend uninsured motorist coverage if you feel the need. Living in Texas, I feel the need. In addition to that, if your car gets hit while parked or is involved in a hit and run, they can claim it under uninsured motorist and you don't have to pay deductible.

Sounds like you got yourself a plan! :bowrofl: :roflpuke2:

About the moving... Be sure to at your car was in a forward gear.

Good stuff guys. Keep um coming. Thanks for the info JAR, and yes i do have uninsured motorist. I kind of have to living in New Orleans.

i didnt read all of it, but if your at some kind of court house place then the will have video of the lots. go get the video.

Same **** happened to me, I even had a police report where the guy admitted he was backed into my car but progressive is a piece of **** and said no fault and i had to pay my dedutible (he had progressive also). Even the walmart security report said he backed into me. as did my witness. but progressive again, is the biggest POS insurance company ever. In the end i paid my 500, saved myself the time and headaches and switched insurance.

I live in one of the most historically corrupt cities unfortunately, and I have already checked everywhere near by about security cameras, and unfortunately the actual lot doesn not have any. The only place that had a camera actually set up and pointed towards the lot was police headquarters which is located right next door. Of course I go and talk to the guy in charge of that department, and he says the cameras are no longer functioning. Only in new Orleans baby. I will be getting a statement from the guy saying I did at least inquire about the camera footage.