Reply With QuoteWind knocks your bike over = has an effect but rearvew mirror knicking your bumper does not :s What's the diff?
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Correct, and why should it? Is it somehow her fault she was there? This almost sounds like you feel that if she had of just stayed home this would not have happened.Originally Posted by adri
Wind knocks your bike over = has an effect but rearvew mirror knicking your bumper does not :s What's the diff?
Correct.
The wind is not another insured driver who's fault it was. Stop trying to weasel out of it, get the estimate from her, pay up sucker.
If the wind pushed the bike over, it would come under her comprehensive insurance policy, assuming her insurance company did not take the line that it was a collision between two vehicles and put it under her collision, and assuming that you punked out and ran like a little girl.
But we all know the wind did not push the bike over, you let it go and it fell. Now you have two choices, you can either join the adult world, or you can continue to be the little girl.
If I were the woman, I would be at the collision reporting centre, giving your info to them, then claiming under my insurance. You will end up paying for years, and probably continuing to complain about how hard done by you are.
I never knew asking for help on a matter I know nothing about would merit such rude reponses... and apparently I'm the one being a child :s
You were asking for a way to get out of paying the full amount for damages you caused. That has a tendency to bring out a little bit of anger form people who have had to deal with people like that before.
All this time I thought "forgive and forget" was the responsible move.
Does anyone have experience with non-moving motor vehicle accidents? Everything I've been able to dig up refers to two moving vehicles. Generally in parking lots incident responsibilities are split 50/50, unless the occurence of a moving vehicle hitting a parked vehicle, I can't find any mention of what would happen when a stationary vehicle (or at least one "turned off") hitting another parked vehicle :s
I hope I'm not offending anyone by asking questions.
This is what you should do ....
1. Go to the collision centre and report the accident (say the truth)
2. Ask her to do the same
3. Call you insurance company and notify them.
4. Ask her to do the same
5. Pay your deductable ($200) to your insurance company
6. She won't have to pay for anything (plus she will get a rental + her car will be fixed).
7. Watch your insurance rates go up for the next few years.
If you don't want to pay the $6xx then take this route.
Ask yourself this question ..... between you and her who do you think is at fault? Its really simple.
Insurance companies don't give a **** about 50-50. A claim is a claim. Your rates go up. What is wrong with you? If you think you are not-at-fault then let the cops/insurance adjusters decide.
I'll remember not to go on a group ride with you. You might try to find a way to pin an accident that you caused on me/others.
You thought wrong. It is "pay, forgive, forget". Common sense should tell you that if you make an at fault claim on insurance, your rates will go up. All you really needed to do was to call your insurance company (use a pay phone if you are paranoid) and ask them.
About 20 years ago my car was parked, and some knob in the next car over used his boot to open his door into mine (had to be his boot, he dented my door). I called the insurance company, and they said it was collision since there was no proof the guy did it intentionally. If I made the claim, it would be colllision deductable, and not comprehensive. My agument was "how can two parked cars collide when neither moved?", their comeback was it was another motor vehcle that collided with mine. Back then comp deductable was $25, collision deductable was $250.
He does not pay any deductable if there are no damages to his bike. She does not pay any deductable either. The only way he would pay deductable is if there is damage that he wants the insurance to fix on his vehicle, and then only if he has collision coverage.
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Be glad with the $523.64. It is a one time cost to you. Filing a "At Fault Claim" Will follow you for several years with higher rates attached to it.
You have come and asked for some ideas. Here is one:
Call you broker. Ask him/her what would your renewal rates be with a "At Fault Claim" on it. That answer should direct you to the answer you seek.
Good luck!
So I work in the Insurance industry, if you report this to your insurer, you will be put at fault. If you have accident forgiveness then they will waive the fault, but why use it for this matter?
She would not have to pay the deductible nor will you, the insurer will waive it as long as you are insured.
Pay it yourself, save yourself 6 years of increased premiums. Make sure she shows you repair bills/invoices, frankly your getting off cheap..the cost of repairs even to minor fender benders is crazy expensive.
Another thing to remember , tell her to tell the body shop she is paying for the repairs not the insurance company. Body shops tend to inflate repair cost because they think insurance companies have lots of money, they do but it's our money in case of situations like these or worse.
To answer your questions. Insurance companies do not discern between parking lots and roads, that it happened is all they take note of. Be careful in your use of the term non moving (One vehicle HAD to be moving).
If you are to pay from your pocket, please note that your insurance company may still find out. As long as the other party has notified their company then your company will know. They will treat $0 paid out as the same as $10,000. Note that you are obligated to advise your insurance company that this occured.
Twitter @Avi_Singh_
www.avisingh.com
The Grady Train: I called up Avi Singh (he was very helpful, patient, and informative - Thank you Avi!), and we went over what kind of $ I'm looking at with/without the at-fault claim like you suggested, that was definitely useful in helping me gauge just what exactly I'm dealing with. I wish I had thought of that yesterday thanks TGT.
obr44: Are you sure deductibles are raised over 6 years? I was told they were raised over 3 years on bikes and not 6
I'm not an insurance adjuster but I've had experience in things like this from personal as well as the experience of others.
First off: Most parking lot accidents are considered 50-50 at-fault splits. The fact that she wasn't moving in her car and her car was shut off while you were obviously moving your vehicle ("operating it", even though the motor wasn't running) would make me inclinded to believe it is 100% your fault.
You do not pay her deductible. We have no-fault insurance in ontario, which means that our own insurance company takes care of us in these claims situations. Whether she pays a deductible at all depends on the specifics of her own insurance policy. When my car was rammed and damaged in a parking lot (dented the whole back end -- AND the persond who did it took off afterwards), I payed NO deductible when making the claim for repairs. However, I've heard of other people having to pay a deductible in similar scenarios. A deductible is just that: an amount you have agreed to with your insurer that they are not responsible for in return for a lower premium on the benefit. However, she can sue you in small claims court for any deductible she has to pay. but it's a big pain in the butt for relatively little $$
If you are responsible for the damage (and I believe that you believe you are), and if she wants a rental car for a day or two, then I think she deserves it. You have inconvenienced her, after all. Rental should be about $100-$150 for 2 days, I believe.
To repaint a bumper at an auto-body shop should cost between $300-$500. So the amount she's quoted you sounds fair. However, how deep is the scratch? If it's only superficial (doesn't go right down to the plastic, or is only through the clear coat), it is possible that the scratch can be buffed out. If this is possible, go for it, as it should only cost $20-$40.
Having said all this, she does have you by the short and curlies. If you file a claim, or she files a claim, your rate WILL go up, as you will be found at 100% fault. Good luck with your premiums in the following years, especially if you want to get a bigger motorcycle. As such, it is not wise to nickle and dime her. The amount she's quoted you sounds very fair. Even if she takes your money and doesn't do any repairs, you will likely still be ahead financially compared to if a claim is made. Basically you are bribing her to not make a claim.
Like previous posters have posted: get her to sign a contract stating that she agrees to not make any claims against you upon receiving the agreed upon amount of money, and make sure that you have a witness sign it was well. It might very well be useless in court, but it wouldn't hurt to have, if you have a sympathetic judge.
BTW, most insurance companies do require that you report ALL incidents, whether a claim was made or not. Failure to do so can result in your policy being terminated. If that happens, good luck getting insured in the future for a reasonable rate. Having said that, I do know that a lot of people disregard this requirement.
Hope that helps.
~=Big Daddy of the Dope Dragons MC=~
'05 Blue&Silver Hayabusa
Totally helps, thanks for taking all that time out. You're right, like I said earlier I did totally inconvenience her of my own fault. The scratch is miniscule and unnoticeable except by touch. Other then that there is a small one inch long "discoloration" or skuff mark less then 1 cm wide. The passenger she had with her stated he believed it would be easy to buff that out. My father and I also thought so as well. Everyone seemed to think so besides her... and I'm really kicking myself for not having taken a picture lol.
She's totally got me "by the short and curlies", which really sucks considering three out of four people say a buffer would be fine.
I think I'm running out of questions. Thank you all for your time, patience, and understanding. Some of didn't show much understanding and flamed a bit but hey, you still took some time out and I still learned from it, so thank you as well.
I'm supposed to hear back from her this afternoon. *cross fingers*
I'll keep yas posted
Because it was in a parking lot who ever the adjuster finds at fault could be liable for ALL the damages...I know this because I recently had someone practically drive up the front end of my car (while I was still it as well) when she was reversing...I had a couple of witnesses though! I went through insurance, my deductible was waived and her insurance covered the damage without any charges to me.Much appreciated
Also, this woman seems to think that if we went through insurance, I would be the one having to pay her deductible... isn't she the one who would have to pay the deductible? How would this work on her end? I think she's not really aware of how this would work for her, or she's trying to make things seem worse for me so that I won't argue about paying for the two day's rental (which I assume if I were to go through the insurance I wouldn't have to worry about).
I understand that going through in insurance is pretty much shooting myself in the foot, but if I could show her that she might be shooting herself in the foot as well she might be willing to swallow some of the cost herself... or you know, take a damn taxi.
Either way you are going to have to pay, but tell her you want quotes from a few shops. Also, I've had other drivers practice their crashing abilities on the rear bumper on my vehicle and it has never been 2 days to have it repainted. It takes less than a day to respray the bumper, tell her to find a bodyshop that will do it same day. You're getting ripped off for an extra day of a car rental.
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