[blawar]

Recently my unattended vehicle, parked in a common parking lot, was hit by another vehicle that ultimately fled the scene. There were no witnesses to the incident.

The following day I found my car damaged, and sought out to find the vehicle that hit me, hoping they were still parked in the same lot.

I found a vehicle that looked like a very close match. I called the police and had a report filed. When the vehicle's owner was contacted, by police and by insurance, she denied colliding with my vehicle.

Here are the facts:

1) There was no paint residue left over on my car's main impact point. I concluded that something metallic hit me, like a chrome bumper or the corner of a trailer. It turns out that the presumed vehicle has a chrome bumper with a dent corresponding to my vehicle's dent, matching up in both measurements and degree of damage (as stated by the policeman).

2)Since there was no paint residue on my car, there was a good possibility that my car left paint markings on hers, which was the case. There is a black streak running across the SUV trunk lid that exactly matches in height and paint of my rear spoiler (also stated by the policeman).

3)My vehicle has aftermarket suspension parts that lowered the car approximately 5 inches lower than factory height, so for these damages to be so similar and this vehicle to NOT be the vehicle that hit me is very unlikely.

4)At the time the accident occur, her side of the lot was moved to my side of the lot due to a sealing that was taking place of her side. She was forced to move from her assigned parking space and park in a space on my lot.


I'm going through her insurance, and her insurance doesn't want to give me the time of day simply because she is denying it. They told me they can't do anything. I spoke to a supervisor, asking what happens in a case where it's one person's word against another and there is no witnesses, he told me they would look to see if there are any paint transfers, the police report, measurements, and photographs. After telling him I could provide him with all of the above, he told me to send in what I had and that he would call me back. I get a call from someone else telling me the damages on her car were from some other accident she has and that there is no paint transfer of my car on hers (which wasn't the case according to the photographs I sent in.) They also refused to provide me with any proof of this and said I should just take their word for it.

My insurance cannot take care of it because I have only liability on this particular car because it is not a full time driven car. I do have three other vehicles that are fully covered, but it seems that they are still reluctant to investigate this matter.

How can I be sure that the damages on her vehicle are actually due to a prior accident and not from hitting my car? I understand her insurance company is out to protect her best interest, and therefore they will tell me whatever to get me off their tail.

I have a police report, measurements, photographs, and black paint from my car on hers.

How can I deal with this situation? Is there even anything that I can do? How can I have my insurance step in and go after her insurance? I would like at least some compensation for the damages.


I apologize for such a long summary, and I thank you in advance for any advice you may provide.

[tombb25]

You have no recourse through your insurance company if you do not have collision on this specific vehicle. If the claimant carrier has denied the claim which it looks like in this case you need to file directly against the other person in small claims court. You will need to have all your evidence well organized in a folder with labeling when you go to court. It seems that you have done a very good job of getting all your ducks in a row, I believe you would have a decent chance in small claims court on this case. Witness qualifications mean a lot and if you present yourself and the evidence well I believe you could win. Her insurance will more than likely help her in court but in most small claims proceedings they will not be able to talk, the judge usually will not make a decision at the trial but a few days later so he/she has time to go over the evidence.

I know it seems like a pain to go to court, but this is your only recourse at this time and it looks like you have a pretty good case.

Hope this helped.

[blawar]

Thank you. I have a meeting with a lawyer this Wednesday to discuss further action. I appreciate the help.

[Fr_Chuck]

As noted, depending on the amount of damage, you could have went and filed a case in small claims court, and did not have to use an attorney who will not be able to file in small claims court ( no attorneys) but will have to file in regular civil court. And what you would have done was not sue her insurance company but sue the other car owner, and if she was found liable she would have had to pay.

The evidenc you havve is not good enough for a criminal court, but should be enough for civil court. Had this been a seroious crime, the police would have taken paint tests of the paint transfer from thiere car ( if they could have gotten a warrant for that test)

[tombb25]

I agree with FR_Chuck, I'm not sure an attorney is the best way to go here, I'm not actually sure why an attorney is even looking at this case since there is no bodily injury involved and therefore no settlement for him to dip his grubby little hands in. You really should file in small claims, you have a much better chance of coming out ahead on this claim.

[Fr_Chuck]

Well I guess if you have the money to pay an attorney, why not, but for the money you are going to pay an attonrey, most likely you could have just fixed your car. Since it is not a personal injury case and the max they can get is the value of the repair of your car, they won't take it on a basis of taking a percentage of the winnings, since there will not be large winnings.