Parking Lot Accident

[STEPHAN]

The other parties insurance sent me a text:

We still have not been able to get in touch with our insured. I have sent out a reservation of rights to my supervisor for review and we will be sending it out to our insured, she has 15 days to respond and if she does not we will have to go off of what we have. I apologize for the delay but I thank you for your patience.

I asked: Did the witness not help?

They helped yes but we still have to follow procedure with our insured

Now what does "reservation of rights" mean in this case?

 

[quincy]

The other parties insurance sent me a text:


I asked: Did the witness not help?


Now what does "reservation of rights" mean in this case?

The insurance company is saying that they are not denying the claim but they reserve the right to deny the claim if their investigation into the accident supports a denial - in your case, if their investigation shows you were more than 50% at fault.

 

[zddoodah]

"sent out a reservation of rights" means sending a letter to the insured in which the insurer explains the importance of the insured cooperating in the investigation and the obligation under the policy to cooperate, and lets the insured know that, if he/she doesn't cooperate in the investigation, the insurer has the right under the policy and the applicable law to determine the claim based on information collected from sources other than the insured.

 

[STEPHAN]

Progressive called today. They spoke to the insured and they will cover our damage. They have a network they use for repairs and have also set up a rental car.

 

[quincy]

Progressive called today. They spoke to the insured and they will cover our damage. They have a network they use for repairs and have also set up a rental car.

Interesting. Thanks for the update.

 

[STEPHAN]

You have no idea how happy I am that I left my wife behind so she could find the witness after she came back from shopping.

Do you get any exchange for the less valuable car because it was in and accident?

 

[quincy]

You have no idea how happy I am that I left my wife behind so she could find the witness after she came back from shopping.

Do you get any exchange for the less valuable car because it was in and accident?

A car that has been in an accident has a reduced value.

 

[Bali Hai Again]

You have no idea how happy I am that I left my wife behind so she could find the witness after she came back from shopping.

Do you get any exchange for the less valuable car because it was in and accident?

From what I have read you may be able to recover 10% of the before accident worth of the car as diminished value from the insurance company if you file a claim.

Always good to have a witness who was at the scene.

 

[STEPHAN]

Update: The other party's insurance (Progressive) suggested a repair shop that we agreed to. The repairs have been done. It was only $1500. They also paid for a rental car.

Is every repair recorded in the car's history?

If so, should I ask the insurance for compensation for the diminished value?

 

[adjusterjack]

Is every repair recorded in the car's history?

Likely.

If so, should I ask the insurance for compensation for the diminished value?

Definitely.

Be sure to have a dollar figure in mind and justification as to how and why you picked that number.

One option is the 17c formula.

How To Calculate Diminished Value

You can also google diminished value calculator for other methods.

Or find comparables that also have an accident history or salvage title to get an idea of what your DV might be.

 

[STEPHAN]

One option is the 17c formula.

Thank you!!

Today my wife was stopped at a red light and another car hit the back of our car. It is the same area ... just a little damage. I guess $500. It is a close friend, 80+ years old.

 

[Zigner]

Thank you!!

Today my wife was stopped at a red light and another car hit the back of our car. It is the same area ... just a little damage. I guess $500. It is a close friend, 80+ years old.

The car is a close friend and 80+ years old?

 

[STEPHAN]

The car is a close friend and 80+ years old?

 

[BensonBingham]

What is the name of your state? Florida

I was involved in a car accident. I have been in the US for 23 years, and it was my first accident, so I could use some help.

I slowly backed out of a parking spot on a supermarket, and (I believe) I stopped to change gears. At that point a very old lady hit me from behind. She was driving very fast. All damage I could see is the back bumper, but I am not an expert. She hit the area where the hitch mount was behind plasic, so she has a lot more damage to the front. (He car had a lot of damage all over.)

She got out of the car, apologized, and said she did not see us. My wife, who was next to me, heard that, too. The lady only had her registration but nothing else. She was very nervous and searched for about 15 minutes. She offered me to come with her, and I followed her home. She went into the house and never came out again. Her son came out and told me she could not find her papers, but they would file a claim with Progressive. And they did.

My wife stayed at the supermarket and waited for a mother and her 13-year-old son, who witnessed the accident. She got their phone numbers. They have a Tesla, but unfortunately, you only see the before and after of the accident.

I filed a complaint with my insurance company (Allstate), but they said that my deductible is $500, and my premium would go up. They suggested that I try their insurance first.

The supermarket has cameras, but they said that often, you can not see much. They said I needed the police to review the footage.

To our big surprise, Progressive told us today that their insured claims that we backed into her.

I called the police, but they do not want to get involved because it is private property and a civil matter.

I called the supermarket, and the manager promised he would look at the video to see if anything was visible. However, he also told me I would not be able to get it. I assume a lawyer could subpoena it?

My wife spoke to the witness again, told them what the insurance said and their response was "That did not happen. If you go to court, let us know, we will come!"

I gave Progressive the number of the witnesses and sent the pictures.

And advice? How badly did I mess it up?

What happens if it is her word against our word? Is my wife an acceptable witness?

Parking lot accidents are tricky since police typically don’t get involved on private property. It’s good that you have witnesses and partial video footage. I recommend sharing the witness contact information with Progressive—they may help clarify fault. You can also follow up with the supermarket about the camera footage; even limited visuals can help. Finally, if fault continues to be disputed, your insurance can step in, though they may charge the deductible at first and then pursue the other insurance for reimbursement.