max1ma97se

iTrader: (1)

ok i had to return videos to hollywood video and there is a drive thru place to return videos. there a lady in the jeep that is park right next to it and so i park behind her and leave my car runin and my door sticken out. as i put the videos in the return bin i hear my door close she smack right into it. this was a no parking fire zone and we were both parked there. my car now has a dent with a scratch down to the metal. is it her fault or mine?

i30krab

iTrader: (1)

If you were parked and she hit you , It's her fault and her insurance is liable. Don't discuss this with her, just let your insurance handle it!!!

max1ma97se

iTrader: (1)

wht about me being parked in a no parking zone ?

WoodEar

supposely you can park at a no standing spot and people are still liable for hitting it.
parking illegally is one thing, got hit is another.

thanjp

.

mlocke

You're on private property, so the normal rules of the road don't necessary apply (found this out when a lady backed into my car in a parking lot). As the others said, take it to the insurance company and let them figure it out.

i30krab

iTrader: (1)

You're motionless, she's in motion and she hits you, she's liable, end of story!!

My 4DSC

and have a police report...
if not, youre screwed...it never happened.

max1ma97se

iTrader: (1)

im 16 this is first fender bender in my life i got all her info gonna call tommorow she said she didnt want to deal withinsurance i just wanna know is it her fault so she can pay 100% of the damages if not ill just report to my insurance and let them go wild on her

Gotrice4

dude, if you didn't call the cops and it wasn't ur fault ur basically ****ed, cuz now it your word against hers...and your word being a lie now cuz ur 16 whether it is the truth or not doesn't matter. gotta call the cops and get documentation or ur in over ur head. my friend had to chase after an old lady,all the way to her house, after she hit him and the only reason cop believed him was because the lady offered $50 not to talk(damage was estimated at over $1500). and he told the officer this and he believed him... but anyways good luck

Washington DC Maxima

a ticket for parking there but that's it.. The only one who wouldn't have been liable would have been a Fire Truck..

Nick Robinson

That wasnt a good idea leaving the scene of a crime. Anything over 1,000 dollars you can not leave the scene of a crime. Trust me, i went through this TWICE in ONE week. In Maine you have 24 hours to call the police to report an accident, im not sure if that includes holidays. Get your butt on the phone and call the cops. Did you take pictures or anything? Never leave a crime scene. Its very easy to have other 1k of damage on a car. Just a little paint and anew headlight can be that on a lot of cars. So hope the cop you get on the phone likes you, and call! And call your insurance co as well. you could try calling the lady, i guess, and say to her that its all her fault, and she can pay 100% damages, or else your calling the cops. Make sure you get it in writing. I think that would turn into a big legal battle, however. Let insurance take care of it all. its MUCH easier.

Good luck

kratz74

I agree with most of the posts in this thread. Since you were parked, you were not negligent/liable (Depending on your states negligence laws-I don;t know where you live, but if you tell me I can tell you that state's laws). The fact that you were in a no parking zone is moot. Also, rules of the road do not apply in a parking lot (as someone above said) since those rules are for public highways/roadways-the parking lot is private property. But negligence laws still apply. You couldve called the cops but many will not show up for fender benders on private property. There are no tickets to issue b/c no public statute was violated. I am an attorney and if you were my client I would advice you to contact the adverse party's insurance carrier and present a claim as soon as possible. They may take a recorded statement from you-which you should allow but request a transcribed copy. Don't lie, but think before you speak as any witness should in a deposition. Also only answer what was asked. If you can answer with a "yes" or "no" do so and don't offer additional info. If all else fails, you could file a small claims lawsuit. Good luck.

SINYMaxSE

iTrader: (1)

sorry to hear about your car man, you definitely weren't liable for this one, same exact thing happened to me with my first car(to the exact specs too, video store, no parking...etc...), but the guy who hit me was a lawyer who wasn't a *****, (Does that really exist?) just kidding, my uncle's a lawyer, and he's not a *****. he didn't want to go through insurance cuz he got into another fender bender the month before or something he told me it was definitely his fault and offered to pay the whole thing. If you don't have a police report and this lady doesn't want to deal with insurance, you may be better off trying to work out a deal with her considering you didn't get a report, because if she decides to get all nasty after being contacted by your insurance, your gonna have a hard time being a 16 year old. it sucks but its a fact that younger drivers always seem to be biased against. cut your losses and see what she's willing to give.

good luck

Julius

MaximaMan

Well i am also 16, and about 4 months ago i was pulling into a food market (smiths/albertsons one of those) and i pulled in at the same time another lady was.....BAM, we hit, dented up my car on the front left side infront ot eh the wheel.. Ouch, well she told me she didn't care about her car, exact words, cause she was going to sell it anyways, so i called my pops, and he came down, and we decided ont to call the cops. I ended up paying 1000, which was going to be the same price if my insurance rate would increase!!!! Well thats my litlte story.

max1ma97se

iTrader: (1)

geez thanks for all the advice well the reason i didnt call the cops is tht all the damage is a dent and a small scratch i took pictures dont worry i be contacting her today i called my firend his dads a cop and he told me i dont have to fill out a report because it was a fender bender. thanks again guys

[Edited by max1ma97se on 11-24-2000 at 02:01 PM]

Nick97SE

iTrader: (14)

How can all you 16 year-olds afford '97 SE's??

I am 16 and want on soooooo bad, but I don't have any money!!

Nick Robinson

that where the moneys at.

max1ma97se

iTrader: (1)

wel i got my car salvage then everything fix for 12k a year ago which was cheap gonna sell in summertime now for maybe 9.5 or 10 k only has 50k miles it loaded except heat package.

cyclemax

iTrader: (1)

Be careful approaching this one. Some state have laws called "Comparative" or "Contributory Negligence". What this means is that you may be only able to recover to the percent that the other person is negligent (if you file a claim against her ins co). The fact that you were in a no-parking zone, unattended, with your door open, renders you somewhat negligent, even though you were stopped. If you can get your deductible waived, go thru your own insurance, and let them hash it out, unless the woman is willing to pay for it or accept 100% responsibility, which I doubt.

Good luck.

Nine7Max

I'm 17 and have a 97 se, that make you feel any better?

Nick97SE

iTrader: (14)

Nine7Max...I want your Max!!

Max1ma97se...Where are you located? Maybe I'm interested in buying in summertime!! =)

max1ma97se

iTrader: (1)

i live in sacramento cali email me at max1ma@hotmail.com i can send u many pics if yur heart desires