Her hitting me was 20% my fault....

NuffZed · 08-01-2012, 09:58 PM

You were parked correctly. Hitting a stationary object is 100% the other persons fault in this case.

Talk to your insurance company which should solve these issues for you. Do not speak with her company again. If they won't pony up the other 20% get a lawyer and go after them for everything you can (reduced vehicle value, etc)

I am a professional accident investigator and this is the best advice I can give.

TreeSemdyZee · 08-01-2012, 11:32 PM

Get your insurance company to fight them over it. That's part of what they're there for.

muzik212 · 08-02-2012, 07:10 AM

I went through this exact same situation 2 years ago. My insurance company went pitbull and had one of their lawyers call. There was no fight, bad drivers company just said OK we'll cover it.

What others have said here is correct, every insurance company tries not to pay. Your insurance company won't want to pay so its their job to protect you and they will. Most people just say oh well and go along with it. Add all those "what can I do" folks up and its a nice savings in a bad economy. I'm betting your insurance company will get this done for you. Good luck I know how it feels and it sucks!

wh!plash · 08-02-2012, 08:38 AM

The only times I've ever made insurance claims are when somebody hit my stationary, parked vehicle. And each time, their insurance has tried to pull funny business.

Once was somebody hitting my Miata in a parking lot, did enough damage to make it not driveable, and they wanted to go 50/50, since "nothing is ever 100% in a pakring lot"

Second time was somebody backing into my BRAND new Ducati 1098 superbike. Took me six months to get the bike back from insurance hassle and getting parts from Italy (yellow was an uncommon color for only one year).

dmhenderson · 08-02-2012, 09:01 AM

I'll be at 30 days without my brand new nismo as of Saturday

OP please post end result of speaking with your insurance company just for the hell of it. We want blood.

Love,
the forums

4r3s · 08-02-2012, 09:58 AM

Well it was your fault for parking next to her to begin with

dP3NGU1N · 08-02-2012, 10:02 AM

Driving a car is about 20% liability... Lol

elmz · 08-02-2012, 10:17 AM

From my experience with Farmers, they will not fight for you like a lawyer would. If the roles were in reverse they would do the same to the other party. So I was left to fend for myself in a similar situation. They were willing to cover the expenses as long as I paid my deductible

Good luck, hopefully you fare better than I did.

USMCASA · 08-02-2012, 10:19 AM

Quote:

Originally Posted by wh!plash

The only times I've ever made insurance claims are when somebody hit my stationary, parked vehicle. And each time, their insurance has tried to pull funny business.

Once was somebody hitting my Miata in a parking lot, did enough damage to make it not driveable, and they wanted to go 50/50, since "nothing is ever 100% in a pakring lot"

i see that miata door held up nicely

JARblue · 08-02-2012, 10:52 AM

Quote:

Originally Posted by USMCASA

i see that miata door held up nicely

ddot196 · 08-02-2012, 10:58 AM

Quote:

Originally Posted by dP3NGU1N

Driving a car is about 20% liability... Lol

Driving....he was parked. Not in vehicle. Not the same lol.

Sent from my HTC One X using Tapatalk 2

wh!plash · 08-02-2012, 11:12 AM

Quote:

Originally Posted by USMCASA

i see that miata door held up nicely

I haven't visited this board in a few months, glad to see that joke is still going strong.

msb3079 · 08-02-2012, 11:23 AM

I had simialar happen to me. You have to fight it. You have to break the entire scenario down and spell it out and ask what exactly YOU could have done differently so that YOU were not at fault. Basically, you have to sell your side of it. If you break it down so there is nothign they can argue... it should change. That's what happened for me.

Ask them if you should have parked in a different spot or at a different angle. Dumb questions.. but serious... leading to the point that you did nothing wrong.

whoady4shoady · 08-02-2012, 12:28 PM

Quote:

Originally Posted by USMCASA

i see that miata door held up nicely

Damn, beat me to it.

gurneyeagle · 08-02-2012, 12:48 PM

Quote:

Originally Posted by Red__Zed

I presume you have insurance that would cover this.

Call them, and tell them exactly what is happening.

They will have lawyers on retainer for exactly this sort of situation, because they want to pay 20% even less than you do.

This is one of the reasons you have insurance. Hopefully, it's not with a "bargain" carrier.

08-01-2012, 09:58 PM	#16 (permalink)
NuffZed Base Member Join Date: May 2012 Location: Canada Posts: 105 Drives: 12 370ZR Blk Rose M6 Rep Power: 13	You were parked correctly. Hitting a stationary object is 100% the other persons fault in this case. Talk to your insurance company which should solve these issues for you. Do not speak with her company again. If they won't pony up the other 20% get a lawyer and go after them for everything you can (reduced vehicle value, etc) I am a professional accident investigator and this is the best advice I can give. DEpointfive0 likes this. __________________ '12 Blk Rose 6MT Sport Nav - Stillen Gen2 intakes - Stillen HFCs and Cat Back Exhaust - H&R 15/20mm spacers - Koni Shocks - Swift Springs

08-02-2012, 07:10 AM	#18 (permalink)
muzik212 Base Member Join Date: Mar 2012 Location: Northeastern NJ Posts: 103 Drives: 2009 Nissan 370z Rep Power: 13	I went through this exact same situation 2 years ago. My insurance company went pitbull and had one of their lawyers call. There was no fight, bad drivers company just said OK we'll cover it. What others have said here is correct, every insurance company tries not to pay. Your insurance company won't want to pay so its their job to protect you and they will. Most people just say oh well and go along with it. Add all those "what can I do" folks up and its a nice savings in a bad economy. I'm betting your insurance company will get this done for you. Good luck I know how it feels and it sucks! __________________ 2009 370z Sport/Touring- GTM stage 1.5 SC/ Fast Intentions HFCs/ DC sport headers/ Motordyne M370/ Invidia CBE/ Carbon Fiber Element interior & engine bay accents/ Oil Cooler/ Eibach Springs & Swaybars/ UpRev/ Work Gnosis GS4's/ Z1Rotors/ ONEighty Custom Headlights

08-02-2012, 08:38 AM	#19 (permalink)
wh!plash Base Member Join Date: Jul 2010 Location: Sarasota, FL Posts: 49 Drives: 09 370Z Sport 7AT Rep Power: 15	The only times I've ever made insurance claims are when somebody hit my stationary, parked vehicle. And each time, their insurance has tried to pull funny business. Once was somebody hitting my Miata in a parking lot, did enough damage to make it not driveable, and they wanted to go 50/50, since "nothing is ever 100% in a pakring lot" Second time was somebody backing into my BRAND new Ducati 1098 superbike. Took me six months to get the bike back from insurance hassle and getting parts from Italy (yellow was an uncommon color for only one year). __________________ 2009 370Z Sport 7AT MB, Stillen exhaust + Gen3 intakes 2010 Ducati Streetfighter 2009 Triumph Street Triple

08-02-2012, 09:01 AM	#20 (permalink)
dmhenderson A True Z Fanatic Join Date: Feb 2011 Location: Maryland Posts: 5,930 Drives: AWD TT 370z Rep Power: 26	I'll be at 30 days without my brand new nismo as of Saturday OP please post end result of speaking with your insurance company just for the hell of it. We want blood. Love, the forums __________________

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08-01-2012, 11:32 PM	#17 (permalink)
TreeSemdyZee Premium Member Join Date: Dec 2009 Location: Kentuck-IANA Age: 60 Posts: 4,885 Drives: '09 370 & ‘14 Juke Rep Power: 27408	Get your insurance company to fight them over it. That's part of what they're there for.

08-02-2012, 09:58 AM	#21 (permalink)
4r3s A True Z Fanatic Join Date: Dec 2009 Location: MD Posts: 2,077 Drives: Touring 370z Rep Power: 24	Well it was your fault for parking next to her to begin with

08-02-2012, 10:02 AM	#22 (permalink)
dP3NGU1N A True Z Fanatic Join Date: Feb 2011 Location: Irvine Posts: 1,682 Drives: 13 PW sport 6mt Rep Power: 18	Driving a car is about 20% liability... Lol

08-02-2012, 10:17 AM	#23 (permalink)
elmz Track Member Join Date: Feb 2009 Location: San Diego, CA Posts: 674 Drives: 2014 Porsche Boxster Rep Power: 17	From my experience with Farmers, they will not fight for you like a lawyer would. If the roles were in reverse they would do the same to the other party. So I was left to fend for myself in a similar situation. They were willing to cover the expenses as long as I paid my deductible Good luck, hopefully you fare better than I did.

08-02-2012, 11:23 AM	#28 (permalink)
msb3079 Base Member Join Date: Dec 2008 Location: collingswood.nj Posts: 133 Drives: 12 Touring Sport 6MT Rep Power: 16	I had simialar happen to me. You have to fight it. You have to break the entire scenario down and spell it out and ask what exactly YOU could have done differently so that YOU were not at fault. Basically, you have to sell your side of it. If you break it down so there is nothign they can argue... it should change. That's what happened for me. Ask them if you should have parked in a different spot or at a different angle. Dumb questions.. but serious... leading to the point that you did nothing wrong.