[survivorboi]

So my dad and I were parking at the Quiktrip gas station to fill our gas up. After my dad filled it up, he got back in the car. He started the car and drove forward about 6-12 inches. Then he looked back and saw that he forgot to put in the gas cap, so he stopped the engine and got out (to put the cap in), that was when the other driver hit him in the front.

Apparently the driver was pulling in from the main road, at the Quiktrip we were at, you're supposed to stay on the right when pulling in and stay on the left when you're leaving Quiktrip ( I believe there was arrows on the pavement). But when the lady who drove the other car pulled in, instead of hugging the right lane, she used the left lane and that was when she smashed into my car... She didn't use the left lane entirely, but she came in the right lane, instead of keeping at the right lane she made an abrupt turn and brushed her front into my front.

My insurance company say its my fault. The guy said that she had pull control of the way, and I have to give way to her (because I did move 6-12 inches, but I didn't get hit when I moved, I got hit AFTER I got out of the car). Also, unfortunately, the other driver had a witness on her side which I do not think was honest about the situation. (She did enter Quiktrip after the collision and bought a pack of cigarettes, who knows what else she did inside).

I'm upset , how could it be my dad's fault when he's not even in the car! He was parking at the gas station, and the insurance company don't take into consideration that my dad wasn't in the car when it got hit therefore he didn't move it forward and smashed her car.

Please tell me what to do here, I don't think it's fair to my dad. He's very upset, he doesn't speak English at all and he thinks they're taking advantage of him. There was a police at the site, but apparently he didn't file a police report because it was on private property... I asked the police on his opinion on who's at fault and he told me that it was the other drivers fault just by looking at the tiremarks left by the other car.

[kp2171]

I'm not a legal expert, so I'm chiming in here with only curiosity for the real answer... nothing I say is meant to be construed as intelligent advice. I'm just cheerleading. Some Bear with a Bigger Brain will come by soon and let us know better.

How common is it to pull into a gas station and find a delivery truck or tanker truck parked in the way of a common lane? So... one could just hit the gas tanker because he was in the way of the normal route to exit?

What time of day was it? How was the visability?

[Alty]

Although I am by trade an Insurance underwriter, I don't have experience with the claims side of insurance. I'm here for the same reason as KP, I'm curious to see what the experts will say.

The only thing I could think to recommend would be to talk to a lawyer and fight this, but, considering how much damage was caused, and how much your insurance premiums go up, it may not be worth it in the end.