50/50 responsibility? How to fight this?

[Kesco1]

What is the name of your state? CA

I was backing out of a parking lot and changing gears to go forward when a brand new BMW backed up and hit the drivers side of my car. We are both claiming its the others fault and he lied to his insurance company and claimed that he was all the way out of his parking space (which he was NOT, the front end of his car was still in the space). His insurance is claiming that the fault was 50/50 and that I am to pay for 1/2 of his very expensive 2005 BMW bumper and that he is to pay 1/2 of my small dent on my 1984 Nissan.

How can they get away with this? There were no witnesses however an old security guard came out and documented what he saw after the fact (he may not remember that the BMW was still slightly in the parking space. But his insurance agent said that IF I take it to small claims the judge will not listen to the securyty guard anyway.

 

[Kesco1]

Would It Help If I Took Pictures Of The Scene And The Parking Lot To Prove There Is No Way He Was In The Thoroughfare And Out Of His Space To Have Hit Me Where He Did And To Match The Damage Of Both Cars?

 

[teflon_jones]

What has your insurance company said?

 

[Kesco1]

I am the jerk who didn't have insurance

Hi Teflon...

You have actually been very helpful on your past... response.

I am the jerk who couldn't afford insurance and the other drivers Company then called me to ask for my insurance info.... you told me to ask them why all the sudden they were asking for it and to tell them that I may have to take it to small claims, which I did and they did back off asking for my insurance info, but want me to pay for 1/2 of this guys BMW bumper which is $1650. And it was just not even remotely my fault what so ever not to mention I had been layed off and cannot afford this $1650. I know I am a jerk for not having insurance.

I was in a very narrow parking thoroughfare, all the way backed up and beginning to put my car in first when the young guy in the brand new BMW back right up into the drivers side of my car. He told his insurance agent that we were both all the way out of our spaces which isn't physically possible in such a narrow space. I sent the insurance agent pictures, which is extremely obvious that there is no possible way for both cars to be out of the spaces especially considering where the damage is located on both cars, but she still is going to stick by her driver.

 

[teflon_jones]

You should keep going on the same thread rather than starting a new one. My response in that thread still holds true:
Be assertive and make it clear that their policy holder is obviously 100% at fault and you have photos to back this up. If they continue to pursue it, tell them that you'll just file a claim in small claims court against the other person to get your damages paid for. They won't want you to do this because they'll have to provide an attorney to the other person for this, and they're most likely going to lose the case.

It sounds like you may be at the point of filing a case in small claims for this. Or, you can ignore the insurance company and wait for them to file a case against you. Take your pick. If they don't file, then they eat the cost of the repairs. The main question here is if you want to get money from the other driver for your damages or not. If you do, file a case. If you don't want to go to the trouble, then don't file a case.

Have you filed an accident report for this yet?

 

[Kesco1]

Thank you so much for your advice

No, I had not filed and accident report.... who would I file that with, considering I didn't have insurance?

 

[teflon_jones]

Insurance and accident reports have nothing to do with each other. Go to the local police station where the accident occurred and tell them you need to file an accident report. Or call them and ask for one to be mailed to you if it's inconvenient to go there. Once you've completed it, make a copy and send it back.

 

[Yuke]

Am I missing something here? Your car can't move sideways, so of course he hit you.

 

[Kesco1]

He is claiming that we were both backing up at the same time (however when it happened at the time he claimed that he was not moving, and I just looked at him in amazement that he could say that, he just kept yelling at me it was my fault and trying to get me to admit it, it was shocking). Based on his statements at the time and what I know now, it makes me think he has been through this before and is making statements he knows will work in his favor.

The insurance company is basing their decision on his "statement" that we were both in the center of the aisle. I sent them a clear picture of the thoroughfare which is very clear. The aisle is WAY too narrow for both cars to have been in the center, particularly considering that the drivers side of his REAR BUMPER is damaged and my drivers side - SIDE of my car front panel quarter is damaged. I am pretty sure that the adjuster did not even look at the photos I sent her, and just keeps repeating herself that she was basing her decision off of his statement, which is where she is holding her ground.

Originally I did not care all that much about getting my car fixed, my car is old, not fancy, but its is the only car I have and I sure as heck do NOT want to pay for his $1650 bumper on his new BMW his father bought him. Had they told me they would take care of his bumper and for me to take care of my car, I would have said fine.

The police department said they will not do accident reports after the fact.

 

[teflon_jones]

The police won't do an accident report after the fact? That's a bunch of baloney! They're not telling you the truth.

You have two choices:
1. Tell the insurance company it isn't your fault, you have proof that it's not, and you're not paying anything.
2. File a small claims case against the other driver to fix your damages.

You can do one or both of these things. It's up to you.

 

[Kesco1]

Teflon, I really want you to know I appreciate your advice.

 

[Kesco1]

Update

Well, I spoke again to the All State agent of the guy he hit my car, and she again asked me for my insurance information, which I explained to her that I have no legal obligation to give that to her when it is obvious that I was NOT at fault. She just kept saying that she has made her determination, period end of story I am liable for 1/2 of his expensive bumper, that she based her decision on her insured persons statement and she claimed she has no obligation to weigh his statement against any evidence I submit and admitted she did not even review the photo's I sent her!

I told her she would have to file a claim against me, that I have no intention to pay and that I will be filing a small claims case against her insured. After a bit of bantering back and forth (respectful bantering) I asked her if she really wanted to pay for an attorney for this? And she said she simply does not have to, all that she has to do is provide her client documentation and HER decision.

I asked her to have her supervisor look at the claim, and she said she did not have to. I explained to her nicely that this was WRONG and that I would file a complaint with the California Board of Insurance. She didn't seem to care.

I looked online and it seems that All State is notorious for this type of behavior.

 

[Kesco1]

Oh she also said that she would have to inform the dmv of my uninsured classification.... not that it matters now, but I did find low income, low cost insurance through the state... so at least I do have insurance now.

 

[Happy Trails]

I wouldn't talk to them anymore.

If you feel so strongly that the other driver is 100 % at fault, then you still have the two options that teflon jones posted above.

Here's a link for small claims in California:

http://www.courtinfo.ca.gov/selfhelp/smallclaims/