accident in parking lot...advise?

[loud2004marquis]

Was backing out of a parking spot. A guy parked behind me and a couple cars over, started to back out at the same time. I stopped when I saw him and the back end of our fusion was out of the spot by about a foot or so.

Then after he was about halfway done backing his cobalt out of his spot, he hit his gas and whipped his car back and his passanger side rubbed our back driver corner.

Nothing but some scrtches and paint rubbed off our car that I could tell. No dents, cracks, impressions...

His passanger miror was left hanging, and the side of the door was dented in...

HERES WHAT I'M WONDERING:

Called the police but they said since it was on private property, they wouldn't do a police report and to just exchange licnense and insurance info and to call my insurance. We did that and the only hurdle I see is the deductable.

We got full coverage on the car and it's a $500 deductable...
Going to get the car inspected friday morning and will see the adjuster then.

What's the odds that I won't have to pay the deductable and they'll bill his insurance and/or him?

Any advise is much appreciated.

[TJCOX]

Take him to small claims court? The burden of proof shall be on him if your courts
are set up like ours.
Good Luck!

[MyBlackBeasts]

Was backing out of a parking spot. A guy parked behind me and a couple cars over, started to back out at the same time. I stopped when I saw him and the back end of our fusion was out of the spot by about a foot or so.

Then after he was about halfway done backing his cobalt out of his spot, he hit his gas and whipped his car back and his passanger side rubbed our back driver corner.

Nothing but some scrtches and paint rubbed off our car that I could tell. No dents, cracks, impressions...

His passanger miror was left hanging, and the side of the door was dented in...

HERES WHAT I'M WONDERING:

Called the police but they said since it was on private property, they wouldn't do a police report and to just exchange licnense and insurance info and to call my insurance. We did that and the only hurdle I see is the deductable.

We got full coverage on the car and it's a $500 deductable...
Going to get the car inspected friday morning and will see the adjuster then.

What's the odds that I won't have to pay the deductable and they'll bill his insurance and/or him?

Any advise is much appreciated.

For that to happen his insurance would have to accept his being 100% at fault. As you both were backingthe fault % will be split. Submit a claim with his company, see what the adjusters say. If you don't like the answer you can always submit with your insurance and let the companies fight it out. If they settle (for example) 85% him & 15% you then they will refund that portion of your deductible to you. If they recover 100% from him then you get all your ded back.

Good luck!

[sailsmen]

Based on your description I don't see how you are at fault. Agressively persue a claim against his insurance while putting your insurance on notice. I never file a claim against my insurance for an amount I can absorb myself. Maintain your insurability which allows you to have the lowest rates.

Here is a thread with the various arguments;
http://www.mercurymarauder.net/forums/showthread.php?t=72719&highlight=insurance

[vkirkend]

Take him to small claims court? The burden of proof shall be on him if your courts
are set up like ours.
Good Luck!

Most courts require the plaiintiff to carry the burden of proof.

[SID210SA]

Dont know if this will help or not but here was out parking lot incident last month:

http://www.mercurymarauder.net/forums/showthread.php?t=75769

Start on post 11 of that thread.

[MERCMAN]

I thought Michigan was a no-fault state?????

[MOTOWN]

I thought Michigan was a no-fault state?????

It is a no fault state

[jgc61sr2002]

I would recommend that you each repair your own vehicles and leave the ins co out unless the damage is cosiderable.
The ins co IMO will find both parties at partial fault.

[Da Dark Jedi]

Back in 09 my wife was driving home at 5pm southbound on Canal & Roosevelt Rd, in the left hand lane. A male driver and his wife came out the Dominics parking lot and cut across the lane tring to make a left hand turn. Well he swipe the front end of the car about 3k worth in damages. When the Police came to the scene he complained that my wife was driving to slow so he had the right of way, he got the ticket. We called his Ins co which was Geico to file the claim, the guy denied it was his fault even tho he got the ticket. Geico investigated the wife and said she have stoped to avoid it, even if he came from a parking lot unto a major street without yeilding the right of way. They said she should have went into the other lane to avoid the incident. When I told them the other lane is on coming traffic and what they suggested is that she put her life and others in danger to advoid him was insane. They eventually paid the claim in 30 days. I found out later that the Ins co job duties are to protect their clients as best they can and the client has the right to deny any and all claims that he feel. Geico also said that even with the issue of the traffic ticket for falling to yeild the right of way, that had no bearing on the claim.

Good luck with your case.

[Pops]

Michigan is a no fault state. The most you can get is 500.00 if I remember right.

[Big Black Beast]

If you were stopped, it can't be your fault can it?

[HiHoSilver]

Thats some bull crap! The same thing happend to my wife in my trailblazer ss, i had her call the cops and they came out and did a full report. The other lady was at fault, and her insurance company payed for the damage. (600$ for a tiny little dent on the corner of our rear door.. that I fixed myself.) I would call the other guys insurance company and tell them to pay.

[MyBlackBeasts]

If you are in MI, then you have no fault coverage and each car will be taken care of by it's own insurance (this is why MI rates are so high). If you were in a non-no fault state, by your description you would most likely be assessed a % at fault (not at fault has differing definitions dependiong on who it apply's to. Not at fault from the perspective of law enforcement vs. underwriting vs. claims vs. the driver - all different). This is because you both were backing, you were stopped partially out of the space so you were no longer in a "legally parked" position. If you had pulled back in to the space & he still hit you then you would be 0%. As it is, it is mute.

Since you are in MI, in this situation I recommend you have the paint fixed out of your pocket as it most likely will barely meet the ded from your description. If after you go to body shop the repairs are over $900 then it would probably be worth turning in to your ins.

Good luck!

[TJCOX]

Most courts require the plaiintiff to carry the burden of proof.

In small claims it's the defendant, because I been there and done it several times.
Just remember what the statue of limitations are for your state. 2 years here.
When I return from vacation I'm going to take the Highway Dept of a different county, to small claims for damages that I sub-stained to my
motorcycle .when I hit a pot hole and ruined my front wheel and tire. I was very fortunate to keep the bike upright and bring it
to a safe stop.