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    niceguy5's Avatar
    niceguy5 Posts: 12, Reputation: 1
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    #1

    Oct 16, 2009, 08:07 PM
    My parked car was hit by niighbor and I am in a tough situation now!
    LAst night my neighbor's daughter backed out of her driveway and hit my trucks rear bumper and cracked the hard plastic. My car is always in my drive way except for this only time I pulled in front of my house in the neighborhood on the city street for twenty minutes to pick up my brother. (my parents had a few friends over and they were actually out in the driveway. So they come in and tell me my truck was hit while I was inside. I did not call the police because I suckered into her crying and I did not want to cause major issue but I did want to protect myself so I had her write on paper that she was fully responsible and she would pay for the damage. And also she wrote what happened. And her insurance. She wrote that she backed up in the street and hit my trucks bumper and she signed off on it. So today I went to get estimates today and went to a few places that I know people at and trust with my car. I got 2 estimates for only like $520 and the other for $528.I was trying to help the girl out and I did not even go to the dealership to save her money. (remember she is my neighbor and we have to live next to each other)I went home and called her to come out to get the estimates and to talk to me to work it out. SHe says OK and I wait for thirty minutes and look outside and her car was gone. I called back and she said she was in a rush for a family dinner so I gave her the benefit of the doubt and said OK well I expect a call in 2 hours or I will have to call into insurance. So 2 hours roll by and I get a text call that says I am on the way home. Then five minutes later I get a text saying my boyfriends mom just had a heart attack. SO I just quit trying for the night because if I said she was lying and she wasn't I would feel like a and so I dropped it for the night. The next day I call and now response so I decided to go to her mom which I really did not want to do but I did and the mom was as sweet as could be and called her insurance to to file a claim and told them that her daughter hit my car and she needed to fix it. So now I thanked the mom and left and I am just now going to wait for the adjuster to call. Well like 30 minutes later I get a text from the girl saying I called and added in the report that I am not at fault. I texted back and said I have a paper signed by you that you admitted full fault for the damage done and also I had at least 10 adult witnesses that saw it happened thanks to the party.but I have still not heard from the adjuster so prob. Tomm I will. But I was parked in front of my house facing the wrong way but there was prob 20 other cars the same way so that was my only parking spot. I think that is her only defense but I don't know I have signed guilt by her and witnesses. Do you think I will get my bumper fixed by her insurance? Why or why not? I hope so because I tried to be extra nice and show friendship but she abused it. What should I do and what is my most likely outcome.
    niceguy5's Avatar
    niceguy5 Posts: 12, Reputation: 1
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    #2

    Oct 16, 2009, 09:15 PM
    Accident in neighborhood
    LAst night my neighbor's daughter backed out of her driveway and hit my trucks rear bumper and cracked the hard plastic. My car is always in my drive way except for this only time I pulled in front of my house in the neighborhood on the city street for twenty minutes to pick up my brother. (my parents had a few friends over and they were actually out in the driveway. So they come in and tell me my truck was hit while I was inside. I did not call the police because I suckered into her crying and I did not want to cause major issue but I did want to protect myself so I had her write on paper that she was fully responsible and she would pay for the damage. And also she wrote what happened. And her insurance. She wrote that she backed up in the street and hit my trucks bumper and she signed off on it. So today I went to get estimates today and went to a few places that I know people at and trust with my car. I got 2 estimates for only like $520 and the other for $528.I was trying to help the girl out and I did not even go to the dealership to save her money. (remember she is my neighbor and we have to live next to each other)I went home and called her to come out to get the estimates and to talk to me to work it out. SHe says OK and I wait for thirty minutes and look outside and her car was gone. I called back and she said she was in a rush for a family dinner so I gave her the benefit of the doubt and said OK well I expect a call in 2 hours or I will have to call into insurance. So 2 hours roll by and I get a text call that says I am on the way home. Then five minutes later I get a text saying my boyfriends mom just had a heart attack. SO I just quit trying for the night because if I said she was lying and she wasn't I would feel like a and so I dropped it for the night. The next day I call and now response so I decided to go to her mom which I really did not want to do but I did and the mom was as sweet as could be and called her insurance to to file a claim and told them that her daughter hit my car and she needed to fix it. So now I thanked the mom and left and I am just now going to wait for the adjuster to call. Well like 30 minutes later I get a text from the girl saying I called and added in the report that I am not at fault. I texted back and said I have a paper signed by you that you admitted full fault for the damage done and also I had at least 10 adult witnesses that saw it happened thanks to the party.but I have still not heard from the adjuster so prob. Tomm I will. But I was parked in front of my house facing the wrong way but there was prob 20 other cars the same way so that was my only parking spot. I think that is her only defense but I don't know I have signed guilt by her and witnesses. Do you think I will get my bumper fixed by her insurance? Why or why not? I hope so because I tried to be extra nice and show friendship but she abused it. What should I do and what is my most likely outcome.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Oct 16, 2009, 09:20 PM

    I will have to ask, do you have full coverage on your auto ?

    Next you should not be sorry or actually should not be so "NICE" about this, second don't trust her insurance,

    But your car was parked, no one in the car, there is no way she id not liable.
    So if she or her insurance will not pay, you have the options, 1. turn it over to your insurance and let them go after her. 2. merely sue her in small claims court
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
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    #4

    Oct 16, 2009, 09:31 PM

    I used to work for State Farm. I suggest you call YOUR insurance agent, report the accident, and tell him about the paper she signed. Your agent will connect you with the claims office and an adjuster who will take photos of your damage and also contact her insurance company to get the claim settled. The adjuster will be happy to hear about all the witnesses and will contact at least some of them for verification of the facts of the accident and to get their statements.

    Let the two insurance companies work out the details. You've given your neighbor every courtesy, and she didn't live up to her promises. Your car being parked facing the wrong way shouldn't be a problem.
    niceguy5's Avatar
    niceguy5 Posts: 12, Reputation: 1
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    #5

    Oct 16, 2009, 09:31 PM

    Her mom already called her insurance and told them that her daughter had hit me and they wanted to fix my car but the daughter calls back and says that she is not taking fault because I was in the street. She needs to research some laws because its not illegal to park on the city street in front of our residences in our neighborhood. A lot of people do it in the neighborhood but she just moved in that house like 2 months ago. So she is now wanting to say it is my fault she can't drive worth a damn. I just don't get why she denied it to the insurance but I have a written statement she gave me admitting to her fault and she was 100% responsible for the damage. What exactly does the investor do? Ask me questions and look at the damage? They just call or they come meet u?
    niceguy5's Avatar
    niceguy5 Posts: 12, Reputation: 1
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    #6

    Oct 16, 2009, 09:34 PM

    Excuse me I meant adjuster
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
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    #7

    Oct 16, 2009, 09:35 PM
    Quote Originally Posted by niceguy5 View Post
    What exactly does the investor do? Ask me questions and look at the damage? they just call or they come meet u?
    Both claims adjusters will take down your and her versions of the facts of the accident, then interview some of the witnesses. Be sure to give your adjuster a copy of the paper she signed, or if you give him the original, be sure to keep a copy for yourself. Her adjuster might want a copy too. Both adjusters will probably take photos of the damage. Let the two adjusters haggle over the details.
    niceguy5's Avatar
    niceguy5 Posts: 12, Reputation: 1
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    #8

    Oct 16, 2009, 09:44 PM

    I called my insurance and they said they don't need to get involved because she hit me and I was not operating the vehicle at the time so there is no liability for me there. I have full coverage so I guess I shouldn't stress about it anyway. I am just upset because the girl made it much more difficult for herself. All she had to do was talk to me to work something out but she decided to make life harder than is has to be. Thanks for your comments
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
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    #9

    Oct 16, 2009, 09:51 PM
    Quote Originally Posted by niceguy5 View Post
    i called my insurance and they said they don't need to get involved because she hit me and i was not operating the vehicle at the time so there is no liability for me there. i have full coverage so i guess i shouldn't stress about it anyway. i am just upset because the girl made it much more difficult for herself. all she had to do was talk to me to work something out but she decided to make life harder than is has to be. Thanks for your comments
    Hmmm, one of my clients hit my parked car, and State Farm (my company) made sure I got a fair settlement. Well, anyway, I suspect your neighbor's premium will go up.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #10

    Oct 17, 2009, 05:59 AM
    Quote Originally Posted by niceguy5 View Post
    What should i do and what is my most likely outcome.
    Hello nice:

    Well, the FIRST thing you should do, is go over your post and give it a few paragraphs... Normally I don't read stuff like yours because it's sooooo hard to understand without paragraphs... MOST of our members aren't as dedicated, and they just won't read it...

    The SECOND thing you should do is file a claim with her insurance company. The most likely outcome?? They'll pay... Are you going to be friends with your neighbors again?? Probably not. But, who wants to be neighborly to neighbors who AREN'T??

    excon
    jmjoseph's Avatar
    jmjoseph Posts: 2,727, Reputation: 1244
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    #11

    Oct 17, 2009, 06:38 AM
    She wasn't at fault? Then why was she crying and begging? Did your parked truck drive itself into her car? That happens a lot.

    I think the boyfriend, the one with the "gravely ill" mother, talked her into retracting her admission of guilt.

    How old is the girl? I think the estimate scared her, and now she wants to change her story. But she's not thinking about the witnesses and the signed confession.

    It really doesn't matter which direction the truck was facing, as long as it was legally parked, and not obstructing their driveway.

    If she wants to play games, talk to the mother again.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #12

    Oct 17, 2009, 06:44 AM
    When her mother called the insurance and filed the claim, did she get a claim number? She should have. See if she'll give you the claim number, then call the insurance company yourself and talk to the adjuster. A call directly from you might get the ball rolling. The way I see it, your neighbor is liable for your damages. I must say, I am a little curious as to how she managed to hit your truck while backing out of her driveway. Unless you were parked in such a way that your truck was partially blocking her driveway, it seems like a very unlikely scenario. You admit that you were parked facing the wrong way. That in and of itself doesn't reduce or eliminate her liability as she's still responsible for the damage that was done to your truck. It makes you guilty of a misdemeanor but that's completely separate from the issue of civil liability.
    nikosmom's Avatar
    nikosmom Posts: 1,611, Reputation: 488
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    #13

    Oct 17, 2009, 07:32 AM

    Honestly, this isn't really a difficult case since your car was parked and unoccupied. I don't think your insurance company will need to get involved. You've contacted them which is fine but it's unlikely that her company is going to fight this.

    Don't panic if you don't hear from an adjuster for a couple days, all depends on how many open claims they have. You've gotten estimates and remember you're entitled to get your car fixed wherever you choose; you don't have to worry about saving her money.

    @WG, her premium won't necessarily go up. Several factors play into that: number of other accidents/violations on her driving record, total cost of repairs (once everything is completed), and each state varies on waiving accident surcharges.

    Either way niceguy, she hit you so that's not your problem if her premium goes up. You made every effort at being "neighborly" and the bottom line is that she owes to fix your car.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #14

    Oct 17, 2009, 07:42 AM
    <threads merged>
    niceguy5's Avatar
    niceguy5 Posts: 12, Reputation: 1
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    #15

    Oct 17, 2009, 08:58 AM
    Quote Originally Posted by s_cianci View Post
    When her mother called the insurance and filed the claim, did she get a claim number? She should have. See if she'll give you the claim number, then call the insurance company yourself and talk to the adjuster. A call directly from you might get the ball rolling. The way I see it, your neighbor is liable for your damages. I must say, I am a little curious as to how she managed to hit your truck while backing out of her driveway. Unless you were parked in such a way that your truck was partially blocking her driveway, it seems like a very unlikely scenario. You admit that you were parked facing the wrong way. That in and of itself doesn't reduce or eliminate her liability as she's still responsible for the damage that was done to your truck. It makes you guilty of a misdemeanor but that's completely separate from the issue of civil liability.
    I can actually prove that I was in no way in front of her driveway or property even. Last week construction just started to put drain pipes in so they had dug up our yards by the side walks and chopped up our driveways. And the evening it happened it rained earlier that day so it was muddy. So I pulled up the car where the doors would be in front of my driveway and in front of my property.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #16

    Oct 17, 2009, 09:41 AM

    It does not even matter if you were parked sideway in the road blocking her drive way, if your car was stopped and not moving and no one behind the wheel, she is wrong for hitting a parked car.

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