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    fairystar29's Avatar
    fairystar29 Posts: 2, Reputation: 1
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    #1

    Mar 30, 2009, 05:39 AM
    Car Accident, no Witnesses
    A gentleman in SUV backed into my car and totalled it in a parking lot, private property - no witnesses - how can I prove he hit me. I called the police, took all the pictures, provided HIS insurance company with the information. His insuarance company won't pay, as their damage experts cannot tell who's fault it. If I take this case to Small Claims, I have to PROVE it, how can I? Any help is appreciated.
    Stratmando's Avatar
    Stratmando Posts: 11,188, Reputation: 508
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    #2

    Mar 30, 2009, 06:24 AM

    I wouldn't think THEIR Insurance company could tell. I bet yours could.
    fairystar29's Avatar
    fairystar29 Posts: 2, Reputation: 1
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    #3

    Mar 30, 2009, 06:27 AM

    My insurance company won't get involved, as I did not have collision and the other gentleman didn't file a claim against me.
    Stratmando's Avatar
    Stratmando Posts: 11,188, Reputation: 508
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    #4

    Mar 30, 2009, 06:35 AM

    They never have a problem cashing your checks, seems they ALWAYS have a problem doing their job?
    Maybe small Claims is the way. Keep your photos.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #5

    Mar 30, 2009, 08:03 AM

    Sounds like you'll have to sue him in court; does the police report outline who was at fault?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Mar 30, 2009, 09:39 AM

    Did the other driver make a statement to the police ?

    But you sue them, which court will depend on the value of the car.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Mar 30, 2009, 10:48 AM
    Quote Originally Posted by fairystar29 View Post
    A gentleman in SUV backed into my car and totalled it in a parking lot, private property - no witnesses - how can I prove he hit me. I called the police, took all the pictures, provided HIS insurance company with the information. His insuarance company won't pay, as their damage experts cannot tell who's fault it. If I take this case to Small Claims, I have to PROVE it, how can I? Any help is appreciated.

    How do you know he backed into your car? Did he locate you and say so? Were you both backing out?

    I investigate accidents. I need more info. What were the circumstances of the accident?

    And, yes, if go to Small Claims you DO have a burden of proof; I can see this coming down to 50/50, depending on the circumstances.

    Your vehicle was totalled? Where did he hit you?
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