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annaisdumb · Aug 8, 2011, 06:32 PM

On Saturday, 3 days ago, my sister was backing out of a parking spot in our apartment complex and rear ended a truck parked illegally in the fire lane behind her. There is a pretty sizable dent in his car. Neither thought to call the police and make a claim. The truck that was hit claims to have insurance, but refuses to give any information because he doesn't want his premium to go up next year and will only work through my sisters insurance.
My question is, because there was no police report, no pictures taken until 3 days later, and one party refuses to share their information, and was parked illegally, can my sister really be held responsible and made to pay for the damages through her insurance?

smoothy · Aug 8, 2011, 06:52 PM

Here is an issue... he may have been parked illegally... but your sister still hit a parked car, I can't think of any time she wouldn't be responsible for that. She was the one operating a vehicle, the other one was parked and stationary.

They can get away with what they get away with. But really his insurance wouldn't go up if someone else ran into him. The worst he could have gotten was a parking ticket and maybe towed.

Yeah both parties are supposed to share the info... and even though it's a moot issue now... the police should have been called. Its going to be hard if not impossible to prove anything other than she hit him at this point. Which is exactly what he claims.

Fr_Chuck · Aug 8, 2011, 06:59 PM

1. she is totally at fault, his being illegally parked does not matter at all. It was sitting still and she was moving.

2. they do not have to call the police, esp if this was in a private parking area.

3. It is her fault and he should not have to file with his insurance.

4. She needs to file it with her insurance and they should pay for his damages.

5. if she does not, he can sue her and she will have to apy
** or he can report it to his insurance and all them to sue you, It will not raise his rates since it is your fault not his

ScottGem · Aug 9, 2011, 03:41 AM

I have an issue here with his refusing to provide insurance info. In some areas it is required that both parties provide such info. Did your sister take down his plate #. Her insurance can find out his coverage from that.

But given the circumstances, your sister is 100% responsible.

twinkiedooter · Aug 10, 2011, 02:12 PM

Even if he does NOT report this to his insurance company it WILL still be on his insurance profile in the insurance companies computers as a NF (not at fault) accident. And if he goes to change carriers this NF accident WILL show up and he may have higher rates from new company and also his current company if he keeps getting NF accidents. I see these types of insurance profiles every day and even if the person'e present carrier pays nothing it will be in the system to come back and haunt them later. Even reporting to their own carrier it will still be listed as an NF accident. Why would this jerk act this way? Does he think his current carrier magically won't find out about this accident?

Geesh, some people are as dense as a rock.