Someone backed into me in my work lot while I was in the car.

whoady4shoady · 05-20-2011, 11:38 AM

He admitted fault on the scene. We both have Statefarm, and they are now telling me he isnt taking responsibility for it.

The Incident:As I am walking to my car to get in I see him in his car on the phone and it looked like he was looking at some paperwork. I stand next to my car for like 30 seconds waiting for him to back out so there is no chance of anything happening. He doesnt move. Then I get into my car and wait between 1 and 2 minutes and he still doesnt move. Our rear ends were facing each other with a driving lane inbetween used to get to each parking spot on either side which are diagnoly alligned. He was not directly behind me, but one spot over and across.

I finally back out, and am looking backwards the whole time while I shift into 1st from reverse and let the clutch out ever so slightly just barely moving if moving at all, but I see him flying out of his spot in my rearview/driverside mirror at a good clip as I turned my head forward. I slam on my horn, and he slams on his brakes since he hears the horn and he just barely bumps/grazes the driverside of my rear bumper taking of paint and leaving some of his own with scratches to boot.

He is an attorney and was even a commisioner in the magistrate court in Orleans parish criminal court where I work. God Only knows what he is telling the insurance company to cover his ***. What would you guys do in this situation? This is the first thing that has ever happened to me since I have been driving in the past 11 years. No tickets or accidents. I am now worried that I may get a knock against me on my perfect insurance record and also have to come out of my own pocket for the repairs on my car.

P.S. His car was so damaged and messed up from other things that he has done or had happen to his vehicle that I didnt see any damage from this particular incident. I had just detailed my car the day before and it was looking perfect up until this incident. Do you think this will help my case? Im so FN pissed at how direspectful and inconsiderate other people are. You cant trust anybody, especially an attorney.

ChrisSlicks · 05-20-2011, 11:49 AM

You have his contact information. Call him and ask him if he'd rather settle this for cash. Go out at lunch time today and get a quote on the repair from the best shop in your area before you call him. He might go for that given the slimy weasel he is.

VCuomo · 05-20-2011, 11:49 AM

What would I do? Just what you did - report it to my insurance company and let them take it from there.

BTW, I had the exact same thing (although the other driver wasn't a lawyer) happen to me - we also had the same insurance company, and the other person changed his story too. In the end, because you both have the same insurance company, what will most likely happen is State Farm will (of course) pay for all of the damages, although each of you will have to pay your deductibles. You will each be held 50% at fault. So if the damages are less than your deductibles, see if you can settle this on your own without the insurance company.

And no - you can't trust anybody, especially an attorney!

whoady4shoady · 05-20-2011, 12:21 PM

Quote:

Originally Posted by VCuomo

What would I do? Just what you did - report it to my insurance company and let them take it from there.

BTW, I had the exact same thing (although the other driver wasn't a lawyer) happen to me - we also had the same insurance company, and the other person changed his story too. In the end, because you both have the same insurance company, what will most likely happen is State Farm will (of course) pay for all of the damages, although each of you will have to pay your deductibles. You will each be held 50% at fault. So if the damages are less than your deductibles, see if you can settle this on your own without the insurance company.

And no - you can't trust anybody, especially an attorney!

So basically I am going to have a knock against my insurance? Once the claim has been filed I have been told it will go against at least one if not both participants.

DJ-of-E · 05-20-2011, 12:34 PM

There's nothing you could do now, but make sure you take note of this experience next time. I've been in accidents before (and friends' in their cars) and I made a lot of notes and follow-ups so that when it happens to me, I am prepared to at least cover my butt.

My lesson that I keep telling my brother than friends is this.

At the scene of the accident, exchange information and either HAVE IT ON CAMERA or PUT IN ON PAPER at the spot and have the other person admit fault.

That way, when they look over at their insurance, they can't change their minds anymore and you got proof of who admitted fault. It's a easy and clean process for insurance companies as they have no way around it.

If he's a slimy bastard, he would say "it's my fault" just to get rid of you quickly. Don't let him out of your sight if he's not willing to be recorded or sign the paper. Call the insurance immediately and waste his sorry *** more time by calling the police and file a police report. A lot of times, people are afraid to deal with law enforcement, even professionals. With camera phones available nowadays, having a phone, taking pictures, and then showing to the cops make the cop's life a whole lot easier.

Montez · 05-20-2011, 12:41 PM

Quote:

Originally Posted by DJ-of-E

There's nothing you could do now, but make sure you take note of this experience next time. I've been in accidents before (and friends' in their cars) and I made a lot of notes and follow-ups so that when it happens to me, I am prepared to at least cover my butt.

My lesson that I keep telling my brother than friends is this.

At the scene of the accident, exchange information and either HAVE IT ON CAMERA or PUT IN ON PAPER at the spot and have the other person admit fault.

That way, when they look over at their insurance, they can't change their minds anymore and you got proof of who admitted fault. It's a easy and clean process for insurance companies as they have no way around it.

If he's a slimy bastard, he would say "it's my fault" just to get rid of you quickly. Don't let him out of your sight if he's not willing to be recorded or sign the paper. Call the insurance immediately and waste his sorry *** more time by calling the police and file a police report. A lot of times, people are afraid to deal with law enforcement, even professionals. With camera phones available nowadays, having a phone, taking pictures, and then showing to the cops make the cop's life a whole lot easier.

Great advice!

whoady4shoady · 05-20-2011, 12:43 PM

Yeah, I just dont want my rates going up, becasue we already have the highest rates in the nation becasue of all the uninsured motorist around here. If statefarm doesnt side with me on this I will drop them in a heart beat and go somewhere else even if it cost me more. I respect loyalty, and will make them pay for disloyalty.

wgw370z · 05-20-2011, 01:04 PM

See if the lot you were in has security cameras. Get the video if you can. Otherwise, I bet State Farm will treat it as a no-fault and both of you will be responsible for your own damages. If you can get video proof that he backed into you, then you're all set.

whoady4shoady · 05-20-2011, 01:07 PM

Im having lunch with a friend who is an attorney today, and I will definitely bring it up into conversation at some point. Ill let you guys know what happens. Thank you for the advice and responses guys.

tjlazer · 05-20-2011, 01:30 PM

I would contact him and give him the opportunity to pay out cash for the repair, it will be cheaper for him. And he seems like a cheap skate so he will appreciate that. LOL

birdmanx1 · 05-20-2011, 01:47 PM

Sorry to hear about your car. I would try to reach out to the other party and see where that leads. From the look of things, the other individual doesn't want to admit being wrong out of fear of getting higher premiums. I will frankly be surprised to hear that he changed his mind... At the end of the day you'll be the one needing to have repair done since you drive a newer car and the insurance company is aware that you got involved in an accident, they will likely mark it in your history... Long story short, I wouldn't expect much from the lying lawyer (does that seem like too much emphasis?).

Dropping your insurance might not do you much good for whichever company you end up going with will charge you higher more because of this accident. This is why having as many pics of the incident avoids unnecessary stress from lying lawyers.

Xan · 05-20-2011, 01:58 PM

If you were moving forward and he was backing into your rear, how could it have been your fault?
You are driving away from the impact, he is driving into the impact.
Seems pretty clear who would be at fault there....

kenchan · 05-20-2011, 02:08 PM

Op- sorry to hear.

I would just handle it no differently.. a call to my insurance guy and get the car fixed at a shop of my choice.

GNS · 05-20-2011, 02:27 PM

I would beat him so hard he'll sue himself for aggravated assault. And win.

USMCASA · 05-20-2011, 03:07 PM

So you know where he works/parks. Vandalize his ride WIN

05-20-2011, 11:38 AM	#1 (permalink)
whoady4shoady A True Z Fanatic Join Date: Jul 2009 Location: New Orleans Posts: 1,088 Drives: 09 Silver Nismo Rep Power: 18	Someone backed into me in my work lot while I was in the car. He admitted fault on the scene. We both have Statefarm, and they are now telling me he isnt taking responsibility for it. The Incident:As I am walking to my car to get in I see him in his car on the phone and it looked like he was looking at some paperwork. I stand next to my car for like 30 seconds waiting for him to back out so there is no chance of anything happening. He doesnt move. Then I get into my car and wait between 1 and 2 minutes and he still doesnt move. Our rear ends were facing each other with a driving lane inbetween used to get to each parking spot on either side which are diagnoly alligned. He was not directly behind me, but one spot over and across. I finally back out, and am looking backwards the whole time while I shift into 1st from reverse and let the clutch out ever so slightly just barely moving if moving at all, but I see him flying out of his spot in my rearview/driverside mirror at a good clip as I turned my head forward. I slam on my horn, and he slams on his brakes since he hears the horn and he just barely bumps/grazes the driverside of my rear bumper taking of paint and leaving some of his own with scratches to boot. He is an attorney and was even a commisioner in the magistrate court in Orleans parish criminal court where I work. God Only knows what he is telling the insurance company to cover his *. What would you guys do in this situation? This is the first thing that has ever happened to me since I have been driving in the past 11 years. No tickets or accidents. I am now worried that I may get a knock against me on my perfect insurance record and also have to come out of my own pocket for the repairs on my car. P.S.** His car was so damaged and messed up from other things that he has done or had happen to his vehicle that I didnt see any damage from this particular incident. I had just detailed my car the day before and it was looking perfect up until this incident. Do you think this will help my case? Im so FN pissed at how direspectful and inconsiderate other people are. You cant trust anybody, especially an attorney.

05-20-2011, 11:49 AM	#2 (permalink)
ChrisSlicks A True Z Fanatic Join Date: Mar 2009 Location: North East Posts: 6,203 Drives: 09 370Z Sport M6 Rep Power: 653	You have his contact information. Call him and ask him if he'd rather settle this for cash. Go out at lunch time today and get a quote on the repair from the best shop in your area before you call him. He might go for that given the slimy weasel he is. __________________ Hotchkis ARB \| Stillen CAI \| Art Pipes \| Berk CBE \| Stillen AP Racing Brakes \| AE Performance Oil Cooler \| BC Racing ER Coilovers \| Doran Control Arms

05-20-2011, 12:34 PM	#5 (permalink)
DJ-of-E Track Member Join Date: Apr 2011 Location: Garden Grove, CA Posts: 676 Drives: 00 Toyota Celica 040 Rep Power: 15	There's nothing you could do now, but make sure you take note of this experience next time. I've been in accidents before (and friends' in their cars) and I made a lot of notes and follow-ups so that when it happens to me, I am prepared to at least cover my butt. My lesson that I keep telling my brother than friends is this. At the scene of the accident, exchange information and either HAVE IT ON CAMERA or PUT IN ON PAPER at the spot and have the other person admit fault. That way, when they look over at their insurance, they can't change their minds anymore and you got proof of who admitted fault. It's a easy and clean process for insurance companies as they have no way around it. If he's a slimy bastard, he would say "it's my fault" just to get rid of you quickly. Don't let him out of your sight if he's not willing to be recorded or sign the paper. Call the insurance immediately and waste his sorry *** more time by calling the police and file a police report. A lot of times, people are afraid to deal with law enforcement, even professionals. With camera phones available nowadays, having a phone, taking pictures, and then showing to the cops make the cop's life a whole lot easier. __________________

05-20-2011, 01:04 PM	#8 (permalink)
wgw370z Base Member Join Date: Jun 2010 Location: Missouri Posts: 48 Drives: 2010 370Z Rep Power: 15	See if the lot you were in has security cameras. Get the video if you can. Otherwise, I bet State Farm will treat it as a no-fault and both of you will be responsible for your own damages. If you can get video proof that he backed into you, then you're all set. Last edited by wgw370z; 05-20-2011 at 01:06 PM.

05-20-2011, 01:30 PM	#10 (permalink)
tjlazer A True Z Fanatic Join Date: Dec 2009 Location: Tacoma Age: 53 Posts: 2,496 Drives: Z34, R35 Rep Power: 19	I would contact him and give him the opportunity to pay out cash for the repair, it will be cheaper for him. And he seems like a cheap skate so he will appreciate that. LOL __________________ 2009 370Z Monterey Blue,Nismo Conversion,RE-11's, K&N Typhoon intakes,Blue Kickplates,Homelink,FI 18" CBE,ERZ HFCs,Hotchkis sways, Swift Spec-R, EVO-R Highwing, UPREV

05-20-2011, 11:49 AM	#3 (permalink)
VCuomo Track Member Join Date: May 2009 Location: SoCal Posts: 887 Drives: BMW 335i Sport Rep Power: 17	What would I do? Just what you did - report it to my insurance company and let them take it from there. BTW, I had the exact same thing (although the other driver wasn't a lawyer) happen to me - we also had the same insurance company, and the other person changed his story too. In the end, because you both have the same insurance company, what will most likely happen is State Farm will (of course) pay for all of the damages, although each of you will have to pay your deductibles. You will each be held 50% at fault. So if the damages are less than your deductibles, see if you can settle this on your own without the insurance company. And no - you can't trust anybody, especially an attorney!

05-20-2011, 12:43 PM	#7 (permalink)
whoady4shoady A True Z Fanatic Join Date: Jul 2009 Location: New Orleans Posts: 1,088 Drives: 09 Silver Nismo Rep Power: 18	Yeah, I just dont want my rates going up, becasue we already have the highest rates in the nation becasue of all the uninsured motorist around here. If statefarm doesnt side with me on this I will drop them in a heart beat and go somewhere else even if it cost me more. I respect loyalty, and will make them pay for disloyalty.

05-20-2011, 01:07 PM	#9 (permalink)
whoady4shoady A True Z Fanatic Join Date: Jul 2009 Location: New Orleans Posts: 1,088 Drives: 09 Silver Nismo Rep Power: 18	Im having lunch with a friend who is an attorney today, and I will definitely bring it up into conversation at some point. Ill let you guys know what happens. Thank you for the advice and responses guys.

05-20-2011, 01:47 PM	#11 (permalink)
birdmanx1 A True Z Fanatic Join Date: Jun 2010 Location: Baltimore, MD Age: 95 Posts: 3,175 Drives: 370z Nismo Rep Power: 24	Sorry to hear about your car. I would try to reach out to the other party and see where that leads. From the look of things, the other individual doesn't want to admit being wrong out of fear of getting higher premiums. I will frankly be surprised to hear that he changed his mind... At the end of the day you'll be the one needing to have repair done since you drive a newer car and the insurance company is aware that you got involved in an accident, they will likely mark it in your history... Long story short, I wouldn't expect much from the lying lawyer (does that seem like too much emphasis?). Dropping your insurance might not do you much good for whichever company you end up going with will charge you higher more because of this accident. This is why having as many pics of the incident avoids unnecessary stress from lying lawyers. __________________ 370Z NISMO #0462 \| ClearBra \| 3M tint \| Head/Taillights \| Dynamat \| Black Roof \| Tommy Kaira HB \| CF Parts \| Berk HFCs \| FI SS \| NST Pulleys \| Takeda aFe \| K&N \| H&R Spacers \| Swift Spec R \| SPC F&R \| Zuperman M370 Nismo Vid \| Nismo Journal \| Nismo Rumble

05-20-2011, 01:58 PM	#12 (permalink)
Xan A True Z Fanatic Join Date: Jan 2010 Location: MA Posts:99999999999999 Posts: 3,301 Drives: 370Z 40th Aniversary Rep Power: 24	If you were moving forward and he was backing into your rear, how could it have been your fault? You are driving away from the impact, he is driving into the impact. Seems pretty clear who would be at fault there.... __________________

05-20-2011, 02:08 PM	#13 (permalink)
kenchan A True Z Fanatic Join Date: Aug 2009 Location: N/A Posts: 76,801 Drives: N/A Rep Power: 141521	Op- sorry to hear. I would just handle it no differently.. a call to my insurance guy and get the car fixed at a shop of my choice.

05-20-2011, 02:27 PM	#14 (permalink)
GNS Base Member Join Date: May 2011 Location: Ontario Posts: 52 Drives: 370 Rep Power: 14	I would beat him so hard he'll sue himself for aggravated assault. And win.

05-20-2011, 03:07 PM	#15 (permalink)
USMCASA A True Z Fanatic Join Date: Nov 2009 Location: NC Posts: 1,152 Drives: 09 370z CY M6 Rep Power: 18	So you know where he works/parks. Vandalize his ride WIN

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
Need help! I backed up to my truck	jaedub	Nissan 370Z General Discussions	10	11-24-2010 10:08 PM
Got backed onto my door	GonGo	Detailing / Washing / Waxing / Cosmetic Maintenance and Repair	22	11-13-2010 11:33 PM
WHO backed into my car?? I will end you	emayfiel	Exterior & Interior	8	10-06-2010 07:03 PM
Z just got backed up into...	JakeZ34	Nissan 370Z General Discussions	77	12-15-2009 05:10 PM
Lady in SUV backed into me	semtex	Nissan 370Z General Discussions	48	05-09-2009 09:50 AM