Car accident - No fault?!? Help

City of Springfield, MA revsfan
Jan 30 22 Comments

A few weeks ago I was in a parking garage and a woman turned and hit my car. I ended up with $3500 work of damage. Now her insurance is saying I have to pay half.. Wtf
Her car looks like no damage. Here's mine the second is hers.

It turns out she's 72 and when I called her later is that she was on the way to have eye surgery. In fact a few days later she left a voice mail on my phone thinking I was her insurance agent (I say my name on voicemail so I guess she can't hear too). Keep in mind this ride for her is Western Mass to boston, 2.5 hours and 140 miles.

She was probably trying to back up into a spot and didn't slow down. I had a coworker in the car. We had to delay a time sensitive meeting by a week. I had to get a rental car. The initial assessment is it would be ably $2k. The auto shop says her insurance is paying for it. They told me this verbally last week and the other day.

Yesterday her insurance told me 50/50 by phone. When I informed him the auto said it was 100% on then he was taken aback.

Half is $1750.I don't see why I should pay as I had to delay a meeting, get a rental car and my employer had to open workman's comp. I had some whiplash a few days but I don't know if more will come up. I have a Dr appointment today.

Any advice?

Car accident - No fault?!? Help Car accident - No fault?!? Help

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TOP 22 Comments
  • Synchrony Nebula99
    You don't need to pick up the phone when their insurance calls. Let your insurance deal with them. You don't have to pay shit. That's why you have the insurance.
    Jan 30 3
    • City of Springfield, MA revsfan
      OP
      Right but they are saying no fault to put it at 50/50. Technically they aren't putting it at 100% me. At this point her insurance has been billed or at least according to the shop.

      12 years ago I was in an accident where I was rear ended in the front while in it was parked. That was 100% him.
      Jan 30
    • Qualcomm GFfscjh
      Rear ended in the front? Don't follow....
      Jan 30
    • Amazon / Eng KHCr70
      So just confirm with the shop. If they didn't charge you dont worry about it. It's not like her insurance can bill you directly
      Jan 30
  • Amazon / PR jefe_bezos
    Don’t discuss anything with their insurance company, dummy. You pay insurance, who has teams of lawyers and experience, to work on your behalf. Your insurance company is incentivized to be on your side.

    Normally your insurance company will foot the bill to get your car fixed, then go after the other party for damages. You will have to pay the deductible on your policy, but after subbrogation (the phase where the insurance company tries to recoup their losses by arguing with the other insurance company), your deductible may be refunded.

    Then again, a lot of insurance companies hold parking lots as a no-fault zone regardless of what happened. So you’re likely boned and have to pay your own damages and she pays hers. But let those companies figure that out.
    Jan 30 3
    • City of Springfield, MA revsfan
      OP
      Yeah its just its hard for them to argue that any thing is on me given that she turned into me while I was driving straight. If we were both turning I could see it. She could have simple drove into the spot. She had options and chose to park that way resulting in the accident, she could have stopped and waited for me to pass. There's only one way out vs plenty of parking spaces.

      I couldn't even open my door half way and she could continue to go to boston.

      I'll see what happens. If they try small claims I doubt she'd show up. They are only tried in Boston in Mass.
      Jan 30
    • Amazon / PR jefe_bezos
      You’re going to have an impossible task at determining fault in a private parking lot where street markings and right of way laws don’t apply.

      Insurance companies understand this.

      If you want to waste your time pursuing this, then that’s your prerogative. But you’re wasting your time.
      Jan 30
    • Amazon / Mgmt KYuG83
      The amount of damage to her car vs your car is 100% irrelevant. Who is at fault is the only thing that matters.

      Stop selecting irrelevant arguments. If you are discussing this with police or insurance, your position is super simple: “she is 100% at fault. I am 0% at fault. Here were the events as they unfolded to prove that.” And provide proof where you can.

      Any discussion at all about your damage vs hers sounds like gaslighting.
      Jan 30
  • Drive.ai rsrs
    Dude, you're not listening to what people are telling you. Read again, and do as they say. Don't argue with the other insurance company, just talk to yours and be assertive about it; it's not your fault, you shouldn't have to pay for it.
    Jan 30 1
    • Amazon / Mgmt KYuG83
      The guy is a smalltime government employee, of course he would just pick all the least efficient actions possible and then listen to feedback from no one.
      Jan 30
  • City of Springfield, MA revsfan
    OP
    Uh... Who bailed who out again 🤔 not all governments work slow and not all companies are fast. I've seen some wait months to get back.

    The police report I requested and the officer said it was her fault because she turned.
    Jan 30 1
    • Amazon / Mgmt KYuG83
      Great, use that report
      Jan 30
  • Intel / Eng Riso4ever
    For the future, get a dash cam. They’re cheap and great for insurance purposes.
    Jan 30 1
    • City of Springfield, MA revsfan
      OP
      I was thinking of that beforehand. A lady bumped me last month. No damage but it was near a school where jaywalking is rampent. More concerned for the kids.
      Jan 30
  • Amazon / Mgmt KYuG83
    You pay based on fault, not based on inconvenience. Pick the right argument.
    Jan 30 0
  • TD
    _Canadian_

    TD

    PRE
    IBM
    _Canadian_more
    Pro-tip for everyone here: get a dash cam.
    Jan 31 1
    • Intel / Eng Riso4ever
      Or two, one for rear.
      Jan 31
  • Their insurance will try to bully you. Stick to saying she was at fault and she should pay the full amount.
    Jan 30 1
    • City of Springfield, MA revsfan
      OP
      I'd like to say that but I mass the insurance cos determine fault
      Jan 30
  • OpenTable Meliodas
    Stop talking to the other insurance company. They will only use what you say against you.

    Turn the claim into your insurance company, including the rental car costs. Part of what your premium pays for is them dealing with this for you.

    The other insurance company has no incentive to be reasonable with you, they will try and pay as little as possible.
    Jan 30 0
  • Adobe / Eng oritjfnnec
    We're you pulling out of a spot or was she pulling out of a spot or were you both driving down the lane?
    Jan 30 1
    • City of Springfield, MA revsfan
      OP
      I was driving down the lanes to exit. She probably could have just driven into the spot. She was pulling left probably for or a better angle to back up.
      Jan 30