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-   -   Her hitting me was 20% my fault.... (http://www.the370z.com/nissan-370z-general-discussions/58559-her-hitting-me-20-my-fault.html)

Nismodean 08-01-2012 08:59 PM

Her hitting me was 20% my fault....
 
How the F**K is this possible? I pulled into the spot directly ahead of me in the parking lot, 15-20 seconds later she starts to pull out after I have parked and hits me by cutting her wheel too soon. So someone please explain to me how Liberty Mutual (her crappy scandalous insurance company) says it's 20 f**k**g percent my fault and they'll only pay for 80% of the damages.

http://assets-cloud.enjin.com/users/...nal/946759.jpg

Huckleberry 08-01-2012 09:04 PM

let them know you'll lawyer up if they cover it.

lawyer up anyway*

enkei2k 08-01-2012 09:08 PM

Because they knew that she was a crappy driver and that you shouldn't have been there in the first place? IDK.

GL with it all. Hope it wasn't too painful. Do you have actual pics of damage?

nmjaxx9 08-01-2012 09:14 PM

if you didnt move I dont see how you would be at fault....
( Click to show/hide )
wait its a woman? Okay def not your fault. :bowrofl:

blackcherry20 08-01-2012 09:17 PM

:icon14:Because its an insurance company and thats what they do...20% x 10k customers is a lot of savings-
Sux-but i agree-Lawyer up...worth a small fee to make a phone call or two...and works- did for me anyway. GL

Red__Zed 08-01-2012 09:22 PM

I presume you have insurance that would cover this.

Call them, and tell them exactly what is happening.


They will have lawyers on retainer for exactly this sort of situation, because they want to pay 20% even less than you do.

m4a1mustang 08-01-2012 09:24 PM

Quote:

Originally Posted by Red__Zed (Post 1850228)
I presume you have insurance that would cover this.

Call them, and tell them exactly what is happening.


They will have lawyers on retainer for exactly this sort of situation, because they want to pay 20% even less than you do.

I agree

Sent from my Galaxy Nexus using Tapatalk 2

dmhenderson 08-01-2012 09:29 PM

If you have full collision coverage (which most states require), part of that money you pay every month goes towards their lawyers in situations like this. She is clearly at fault here and I guarantee her company won't argue with yours once they know you're not afraid to get them involved.

Contact your insurance company and tell them what happened and if hers contacts you again, tell them you no longer want to speak with them and give them the number of your agent. If they continue to harass you, notify your insurance company. I promise they'll stop with a quickness.

Right now they're hoping you're afraid to contact your insurance for some reason and that they can screw you over.


*Edit: Involving your insurance won't affect your premium and won't cost you a dime.

dmhenderson 08-01-2012 09:29 PM

ok EFB but I got fired up reading the OP because I had something like this happen to me once and it ended up in a reversal of fortune where they ended up paying me instead.

steveg78 08-01-2012 09:37 PM

Arrrrggghhh I'm fired up just reading this. What bs. I would have lost it. Gl.

w0rM 08-01-2012 09:45 PM

This sucks...

8 years ago I came out of the mall to find my front bumper mangled and sitting on the ground in front of my car. The insurance company ended up saying the accident was my fault even though I was parked legally and nowhere near the car when it happened.

I know this is a bit different but the story just reminded me how much that pissed me off.

GL man

whoady4shoady 08-01-2012 09:48 PM

I hate parking lots, becasue you cant get police to come out a write a report.

ERZperformance 08-01-2012 09:51 PM

She need to get All state. It's not your fault since you already parked.

Thechidz 08-01-2012 09:53 PM

Let your insurance company send their lawyers after her and call i a day

themann1984 08-01-2012 09:56 PM

Contact your state department of insurance and complain! Tell them that they should perform a claims audit on Liberty Mutual.

When all of this is finished switch insurance companies. Liberty Mutual is known for being a great workers compensation insurance company, not for being a great personal insurance company.

The 370Z is pure sex! It is hot, loud, and rough!

NuffZed 08-01-2012 09:58 PM

You were parked correctly. Hitting a stationary object is 100% the other persons fault in this case. :shakes head:

Talk to your insurance company which should solve these issues for you. Do not speak with her company again. If they won't pony up the other 20% get a lawyer and go after them for everything you can (reduced vehicle value, etc)

I am a professional accident investigator and this is the best advice I can give.

TreeSemdyZee 08-01-2012 11:32 PM

Get your insurance company to fight them over it. That's part of what they're there for.

muzik212 08-02-2012 07:10 AM

I went through this exact same situation 2 years ago. My insurance company went pitbull and had one of their lawyers call. There was no fight, bad drivers company just said OK we'll cover it.

What others have said here is correct, every insurance company tries not to pay. Your insurance company won't want to pay so its their job to protect you and they will. Most people just say oh well and go along with it. Add all those "what can I do" folks up and its a nice savings in a bad economy. I'm betting your insurance company will get this done for you. Good luck I know how it feels and it sucks!

wh!plash 08-02-2012 08:38 AM

The only times I've ever made insurance claims are when somebody hit my stationary, parked vehicle. And each time, their insurance has tried to pull funny business.

Once was somebody hitting my Miata in a parking lot, did enough damage to make it not driveable, and they wanted to go 50/50, since "nothing is ever 100% in a pakring lot"

http://sarasotariders.net/gallery/ma...serialNumber=1

Second time was somebody backing into my BRAND new Ducati 1098 superbike. Took me six months to get the bike back from insurance hassle and getting parts from Italy (yellow was an uncommon color for only one year).

http://sarasotariders.net/gallery/ma...serialNumber=1

dmhenderson 08-02-2012 09:01 AM

I'll be at 30 days without my brand new nismo as of Saturday :(

OP please post end result of speaking with your insurance company just for the hell of it. We want blood.

Love,
the forums

4r3s 08-02-2012 09:58 AM

Well it was your fault for parking next to her to begin with :stirthepot:

dP3NGU1N 08-02-2012 10:02 AM

Driving a car is about 20% liability... Lol

elmz 08-02-2012 10:17 AM

From my experience with Farmers, they will not fight for you like a lawyer would. If the roles were in reverse they would do the same to the other party. So I was left to fend for myself in a similar situation. They were willing to cover the expenses as long as I paid my deductible :shakes head: Good luck, hopefully you fare better than I did.

USMCASA 08-02-2012 10:19 AM

Quote:

Originally Posted by wh!plash (Post 1850627)
The only times I've ever made insurance claims are when somebody hit my stationary, parked vehicle. And each time, their insurance has tried to pull funny business.

Once was somebody hitting my Miata in a parking lot, did enough damage to make it not driveable, and they wanted to go 50/50, since "nothing is ever 100% in a pakring lot"

http://sarasotariders.net/gallery/ma...serialNumber=1

i see that miata door held up nicely :stirthepot:

JARblue 08-02-2012 10:52 AM

Quote:

Originally Posted by USMCASA (Post 1850751)
i see that miata door held up nicely :stirthepot:

:icon18::roflpuke2::bowrofl::inoutroflpuke:

ddot196 08-02-2012 10:58 AM

Quote:

Originally Posted by dP3NGU1N (Post 1850721)
Driving a car is about 20% liability... Lol

Driving....he was parked. Not in vehicle. Not the same lol.

Sent from my HTC One X using Tapatalk 2

wh!plash 08-02-2012 11:12 AM

Quote:

Originally Posted by USMCASA (Post 1850751)
i see that miata door held up nicely :stirthepot:

:rofl2:

I haven't visited this board in a few months, glad to see that joke is still going strong.

msb3079 08-02-2012 11:23 AM

I had simialar happen to me. You have to fight it. You have to break the entire scenario down and spell it out and ask what exactly YOU could have done differently so that YOU were not at fault. Basically, you have to sell your side of it. If you break it down so there is nothign they can argue... it should change. That's what happened for me.

Ask them if you should have parked in a different spot or at a different angle. Dumb questions.. but serious... leading to the point that you did nothing wrong.

whoady4shoady 08-02-2012 12:28 PM

Quote:

Originally Posted by USMCASA (Post 1850751)
i see that miata door held up nicely :stirthepot:

Damn, beat me to it.

gurneyeagle 08-02-2012 12:48 PM

Quote:

Originally Posted by Red__Zed (Post 1850228)
I presume you have insurance that would cover this.

Call them, and tell them exactly what is happening.


They will have lawyers on retainer for exactly this sort of situation, because they want to pay 20% even less than you do.

:iagree:

This is one of the reasons you have insurance. Hopefully, it's not with a "bargain" carrier.

msb3079 08-02-2012 01:59 PM

Quote:

Originally Posted by gurneyeagle (Post 1851011)
:iagree:

This is one of the reasons you have insurance. Hopefully, it's not with a "bargain" carrier.

But it's best to fix through other's insurance and not involve your own. IF you can...

RoshDawg 08-03-2012 02:51 AM

Automatically, if your car was legally positioned and in park, then it is 0% your fault! Even if you did a crappy parking job (which you didn't)!

Lug 08-03-2012 01:00 PM

Quote:

Originally Posted by USMCASA (Post 1850751)
i see that miata door held up nicely :stirthepot:

Yep. You can tell the other car was just having it way with the Miata.....until it got to the door. That door probably threw the other car across the parking like Chuck Norris round-kicking an 92 year old, 98 lb. old blind woman.

UNKNOWN_370 08-03-2012 01:23 PM

Quote:

Originally Posted by Lug (Post 1852589)
Yep. You can tell the other car was just having it way with the Miata.....until it got to the door. That door probably threw the other car across the parking like Chuck Norris round-kicking an 92 year old, 98 lb. old blind woman.

Chuck Norris is so strong. He's the only guy who can kick the back of your face!!!:owned:

ERZperformance 08-03-2012 04:50 PM

You should tell the insurance company they are 20% normal and 80% idiots.

PapoZalsa 08-03-2012 07:05 PM

Quote:

Originally Posted by whoady4shoady (Post 1850273)
I hate parking lots, becasue you cant get police to come out a write a report.

Because is private property all the police do is an exchange of information plus a witness in your defense.

They will let the 2 insurances settle the accident, it happened to me. My insurance went after his insurance, because they were BSing.

Ubetit 08-04-2012 06:28 AM

Quote:

Originally Posted by TreeSemdyZee (Post 1850376)
Get your insurance company to fight them over it. That's part of what they're there for.

Agreed, no lawyer needed. Your insurance will fight when you tell them her insurance company is requesting they pay 20%

RyanWest 08-04-2012 07:46 PM

wtf 20% your fault! oh hell naaa..... i Swear i hate this country!

mayday813 08-05-2012 09:13 PM

If you go through your insurance company you'll have to pay your deductible. But, your insurance company will attempt to recover their payment to you plus your deductible from the other insurance carrier. The process is known as subrogation. If they are successful they will return your deductible to you. It could take some time.
I would think that the photos of your vehicle should show the other vehicle initiating the scrap and the indentation progressing toward the rear of your vehicle assuming you were indeed stopped. The other company is assigning some comparative fault to you, they should be willing to tell you why they tagged you with 20 percent fault.
FYI, to retain an attorney may cost you one third of any recovery.

Cagan 08-06-2012 02:29 PM

Unfortunately most insurance companies are cheap SOBs and are going to try to pay as little as possible. Earlier this year I was basically parked ( my car wasn't moving but I was in drive) and some idiot side swiped me when I was in front of the NOLA train station. I was really honest with the insurance company and told them I was in drive and the other person's insurance found me 100% at fault.

The best thing to do is to file a claim with your insurance company- they will go after the other insurance company for the rest of your money. It may take a while though. My accident was in January and I just received a letter that the process can take up to a year. Its frustrating, but at least you will eventually get your money back!


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