[Confused333]

I stepped out of the gas station today and sat in my car, ( I was parked in the parking area not next to the gas pumps), and as I was putting my keys in the ignition, "BUBUMP! My car got hit.

A couple of guys standing around said "Wow, she was driving so close to you". I got out of the car and asked her what happened. She said "I don't know what were you doing"? I said I was sitting in my car.

I think she was making a right turn to park next to me or perhaps just driving too close, I'm not sure. I have placed a claim with her insurance, but they were so rude and made it seem like, "are you sure you were in your car"? "Are you sure you didn't drive"?

What are my rights and how do I prove what happened?

[ebaines]

My suggestion is to work through your own insurance company. It's part of the service you pay your company for, and it avoids you having to deal with the rudenss and hassle. Since this was her fault it should not affect your rates, as long as your company can get full restitution from the other driver's insurance. Even if you decide to work wth her insurance company yourself you should still let your own company know about the incident. This is to protect you in case sometime later she comes back to sue you for her suddenly sore neck - if you failed to report it to your own company they may not defend you. As for proving what happened, you said there were two witnesses - did you get their contact information? Also, is there a police report?

[CliffARobinson]

I went through a situation I'll describe that will hopefully help answer your question.

I was driving home, not far from my neighborhood on a quiet street when a late year oldsmobile started coming for me. I was in the left lane of a three lane road. He came all the way over from the right lane managing to nail my right front tire as I tried to avoid him.

We park against the sidewalk and out comes a very old man. The only damage to his car is the driver side door which he cannot open. My truck's wheel was bent and the whole front quarter panel was totaled along with a busted bumper and other pieces of my truck.

I had a friend in the passenger side. The old man was alone. One couple stopped behind us to ask if the old man was all right. They left immediately after seeing the man walk toward me.

He told me he was 94 and "shouldn't be driving anymore but since his wife died and his family moved away, what is he supposed to do". He said it was all his fault. He was confused and thought he had missed his turn and thought he was at the intersection to turn left.

I proceeded to take pictures of everything. All damage to both vehicles, of him, street signs, street, etc. The next day he told my insurance company he had no idea what happened, I just suddenly hit him. He was denying any responsibility.

It was going to be my word versus his, especially since LA police no longer respond to traffic accidents unless there are major injuries.

I then sent all of the photos, and his insurance company told me on the phone, "it is apparent Mr. "Smith" is confused about what happened."

They then talked to him again and told him that lying in an insurance investigation wasn't a good thing. He relented and told the truth. He also lost his insurance and ability to drive.

My point? Pictures sometimes will save you, unbiased stranger witness testimony will clear you as would video evidence. Otherwise, it will be your word against hers, and you might end up getting a 50/50 judgment where you will be both called "at fault".

The first step is to see what your insurance investigator thinks about the pictures of your damage. Sometimes when you compare the two vehicles and the area where the accident happened, the truth becomes apparent.

[ballengerb1]

Did you file a police report, were there tickets issued? If not, its likely going to end up with a he said she said deal. Let your insurance company handle it and they can try to settle/sue if they think its worth it.

[joypulv]

I've had a similar situation, twice.
Often it boils down to the area of the cars that were damaged, pretty clear to a seasoned inspector who hit whom. If she hit your rear side panel or back bumper in a parking lot type place where streets aren't involved, however, she can claim you were backing up. You claim you weren't moving at all. This is where no fault comes in (the 2 insurance companies hash it out). Are you in a no fault state?

[Wondergirl]

Call your insurance agent. Your insurance company will take it from there. That's why you have auto insurance.

[Confused333]

CA Police don't respond to small accidents like this. I did talk to her insurance co and made a claim now waiting for them to talk to her.

[ballengerb1]

You are in a chicken coop and talking to the fox. Call YOUR insurance company and let them take it from there. Unless she were to admit fault to here company they are going to deny your claim but YOUR insurance will accept the claim.

[ScottGem]

Did you talk to people at the station who may be able to verify you hadn't started your car?