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-   -   Determining accident fault? -my parked car involved in multi car parking lot accident (https://www.askmehelpdesk.com/showthread.php?t=532165)

  • Dec 6, 2010, 12:07 PM
    footballkraze
    1 Attachment(s)
    Determining accident fault? -my parked car involved in multi car parking lot accident
    What happens in a parking lot accident scenario:
    Car 1 driving (fast) hits Car 2 that is backing out of the parking lot.
    Car 2 because of the impact now hits Car 3 and Car 4 which were parked to Car 2s' left and right respectively.
    I have Car 5 and was parked to Car 3's left. My car (Car 5) was hit by the impacted and parked Car 3.
    Car 1 was listed at fault in police accident report since driver had fogged windshield and thus had had poor visibility.
    Which insurance company should I contact to claim damages to my car, Car 1 which caused the accident or Car 3 that was pushed on to me?
    I live in a no fault state.
    See attached diagram for further clarification.
    Thanks
  • Dec 6, 2010, 12:11 PM
    smoothy

    Might be shared between #1 and #2. Number 2 initially failed to yield the right of way to #1... but if #1 was traveling at an ureasonible speed for a parking lot he would share the blame...

    I hope the police were called to file a report so there will be less litigation.
  • Dec 6, 2010, 12:11 PM
    Fr_Chuck

    Car 2 would have fault, and car 1 may have some fault assigned.

    I see this going to court but Car 1 and Car 2 insurance could both be contacted
  • Dec 6, 2010, 01:06 PM
    ebaines

    My advice would be to let your own insurance company deal with this, as opposed to you trying to perform arbitrage between car 1 and car 2's companies. Since this was not your fault, you should eventually get full reimbursement for your damages, including your deductible, with no change in your insurance rates.
  • Dec 6, 2010, 04:40 PM
    footballkraze
    Comment on ebaines's post
    Unfortunately, I only have liability insurance (I have an old car)
  • Dec 6, 2010, 04:42 PM
    footballkraze
    Comment on smoothy's post
    Yes , the police were called and I just received the police report but was wondering which insurance company to go after for my claim.
  • Dec 6, 2010, 06:07 PM
    ScottGem

    Doesn't matter, you report it to your carrier and let them go after the appropriate carriers.
  • Dec 6, 2010, 06:17 PM
    Wondergirl

    Scott's correct. Report it to your insurance company and let them deal with it all. You personally don't "go after" anyone. Your car will get repaired or you'll get a lump-sum settlement, and your insurance won't go up.
  • Dec 6, 2010, 08:51 PM
    footballkraze
    Comment on Wondergirl's post
    I did report it to my insurance company but since I only have just liability coverage on the vehicle, I have to handle the claim directly with the at fault driver's insurance company.
  • Dec 6, 2010, 08:53 PM
    footballkraze
    Comment on ScottGem's post
    Yeah I did, but their respose was... "contact the at-fault driver's insurance company since i only have liability coverage"
  • Dec 7, 2010, 04:34 AM
    ScottGem

    First, please don't use the Comments feature for Followups. Use the Answer options instead. You don't have to repeat the same follow-up for each response.

    Sounds like you need a better carrier. But if they refuse to help, then you file a claim with the carriers of both Car #1 and #2, let them sort it out.
  • Dec 7, 2010, 10:38 AM
    footballkraze
    Thanks for the posting tip ScottGem... I didn't realize the answer box was at the bottom of the page till you pointed it out.

    I just got contacted by the at fault (car 1) insurance company, the new twist is that the at-fault driver is under insured just 10K and in fact car 4 has been totalled.
    Now what do I do?
  • Dec 7, 2010, 04:09 PM
    ScottGem

    You file suit against drivers 1 & 2 and hope you get get some money from them. But the prospects aren't good.
  • Dec 7, 2010, 06:35 PM
    Fr_Chuck

    The problem with "under insured" is after the 10,000 is gone the driver may still owe you but have nothing to pay you.
    I have won several cases over the years, the paper from the court and a dollar gets me a cup of coffee.
    That is why I am always sure my insurance pays for my car if they can't pay
  • Dec 8, 2010, 08:32 AM
    footballkraze
    Good point Fr_Chuck .
    I looked at my auto insurance contract and I do have coverage for uninsured driver (I guess under insured falls in the same category).
    If I then use my insurance for the repairs can my insurance premium potentially go up during next renewal?
    Thanks
  • Dec 8, 2010, 10:15 AM
    smoothy

    Your insurance should not go up... Your car was parked... you wasn't even in it. Typically if you were at fault... or shared being at fault might cause your rates to increase. Not when you are completely blameless.

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