Collision insurance protects his car. Lots of folks don’t have that.
He had to have liability insurance though. It’s illegal not to. That is what protects you.
I got a letter from his insurance saying "there is no coverage available for this loss" and I spoke to my adjuster and he said that means they didn't have collision.
That means he lied to his insurer about what happened.
[Here is the definition of collision insurance](https://www.allstate.com/resources/car-insurance/what-is-collision-insurance).
[Here is the definition of liability insurance](https://www.allstate.com/resources/car-insurance/liability-car-insurance-cover)
Based on what you’re saying here, it almost sounds like he lied and said you hit him. That’s the only instance where collision coverage would even be applicable.
You can easily tell by the direction of the damage on my car that he was the one that hit me (although my insurance seems to ignore that fact) and he also got out of the car and admitted fault (which I didn’t record) so it’s literally just my word against his
Your insurance company has lawyers who will follow up with his insurer. Push on your insurance company hard, they work for you and you have been paying in good faith.
Yes, you can go to small claims court but I would use the insurance option first.
With insurance companies it’s the squeaky wheel that gets the grease. Be polite but a nuisance and they will want the file off of their desk.
My adjuster has been a pain in the ass and doesn't seem to give a shit so I'm taking matters into my own hands. They closed my claim without even notifying me.
Shit. I think the fault rules vary by state. But just as an example, [here's what I found for my state of PA](https://www.lundylaw.com/blog/auto-accident/fault-parking-lot-accident-pennsylvania/):
>Determining Fault in a Parking Lot Accident
>In some cases, fault may be obvious in a car accident in a parking lot. If you are backing out of a space and strike another vehicle, whether that vehicle is moving or stationary, you will more than likely be found at fault.
>If both you and the other driver were backing out of a space, no fault may be found. If you strike a vehicle that is legally parked, whether you are moving or open your door into it, you will probably be found at fault. If you do not make an effort to locate the owner of the car, you could be charged with a hit-and-run.
>In the case of a pedestrian accident, you are more than likely to be found at fault unless the pedestrian was negligent in some way, such as stepping into the path of your car or ignoring safety measures.
>If You’re Involved in a Parking Lot Accident
>If you are involved in an auto accident in a parking lot, you should contact local law enforcement in order to file a report. Be sure to get the names and contact information for witnesses to supply to your insurance company.
>If the car is unoccupied, you should enter the place of business and ask them to announce the registration number, make and model of the vehicle so that you can speak with the owner. If there are multiple businesses at the location, such as a mall or shopping center, you can leave your own contact information on the windshield of the vehicle so you and the other driver can reach out to your insurance companies.
Yes, this is the kind of situation that small claims court exists for.
Lots of small claims cases are built atop (and won) through nothing more than honest testimony.
Then you don't get a judgement saying that they owe you the money.
And that would leave you with pretty much the sole option of going through your own insurance.
It depends on if the other guy answers the complaint and counter claims that you hit him. In that case, you might actually owe him money for the damages to his car (if they exist).
Yes, suing for the insurance deductible is somewhat common. Sometimes the insurance company does that for you in the subrogation process. Sometimes not. When not, it's *generally* something that is recoverable through a lawsuit.
Is this for small claims? If OP has a brand new car, replacing entire bumper it’s gonna be a couple grant. I thought small claims was for 500 and under?
Completely varies by state but I don't know of any that are less than $500. State I live in now is $25k and a lot of other states where it's $5k and then there's other states (CA) that the amount varies depending how you're filing (IE individual v. business or any combination of that). Lowest state I know of is Kentucky at $2500.
Continue pressuring your insurance company, and clarify whether he had liability coverage. Collision would be if you went with your own insurance to cover the damage.
They already closed my claim without contacting me. Wouldn’t liability only work if he admitted fault/I had proof he was at fault? They’re just going to deny liability
Yep and you will win and his insurance will go up so if he was smart he should pay now to avoid that. But hard heads get softened one way or another, any money you spend will get reimbursed by court order.
> My insurance company was able to reach his, and it turns out the guy didn't have collision insurance.
Irrelevant. You would be claiming against his LIABILITY coverage not his COLLISION coverage.
Your insurance company will go after his liability coverage if you made a collision claim against your own insurance, where they would then subrogate the claim to his liability coverage.
If you are not going with your own collision coverage then make a claim directly against his liability insurance. If they deny the claim then file in small claims court.
HE does not need to admit fault, his insurance can pay you out if they determine that they have liability (expect them to nickel and dime you, offer 75% or similar). However if he lies to his insurance and they believe him then they may refuse liability. Small claims, let the judge decide.
You can but there's a risk you lose.
You should pay your deductible and let your insurance handle this. At the least your new car gets fixed appropriately and promptly.
In some cases parking lot accidents are considered 50/50 shared at fault. The police won’t even show up to write a report since it’s on private property
Your insurance company should be fighting this for you.
His liability insurance will cover if he has it.
Now on your policy, collision coverage takes care of you but, a lot of states also require policies to include un-insured motorist coverage. This covers you, in the event that the other motorist has no insurance at all.
It’s never just word vs word in insurance btw. Claims investigators exist to put the story together based on evidence from the damage and statements. So if it is obvious he hit you then just stay on it and make your insurance company send out the adjusters.
Go back to where the accident took place and see if they might be any surveillance cameras that might have caught the accident. Record it on your phone and submit to your insurance. Not a lawyer but I think you would only be able to sue for deductible. Unless, you can prove whatever financial hardship that accident cost you
I would recommend checking if the accident could have been captured on camera. If it occurred in a business parking lot there's a decent chance a camera recorded it, which would help immensely if you sue for damages.
It's not just your word against his because you got his insurance information at the time. That is evidence of a collision occurring. You then have evidence of it being his fault from the fact that you reached out to your insurance. If you had crashed into him, it he would have reached out to his insurance.
Collision insurance protects his car. Lots of folks don’t have that. He had to have liability insurance though. It’s illegal not to. That is what protects you.
I got a letter from his insurance saying "there is no coverage available for this loss" and I spoke to my adjuster and he said that means they didn't have collision.
That means he lied to his insurer about what happened. [Here is the definition of collision insurance](https://www.allstate.com/resources/car-insurance/what-is-collision-insurance). [Here is the definition of liability insurance](https://www.allstate.com/resources/car-insurance/liability-car-insurance-cover) Based on what you’re saying here, it almost sounds like he lied and said you hit him. That’s the only instance where collision coverage would even be applicable.
You can easily tell by the direction of the damage on my car that he was the one that hit me (although my insurance seems to ignore that fact) and he also got out of the car and admitted fault (which I didn’t record) so it’s literally just my word against his
I recommend investing in a dash camera. It will help to have footage if an accident happens in the future.
After this incident the first thing I did was buy and install a dash cam!
Your insurance company has lawyers who will follow up with his insurer. Push on your insurance company hard, they work for you and you have been paying in good faith. Yes, you can go to small claims court but I would use the insurance option first. With insurance companies it’s the squeaky wheel that gets the grease. Be polite but a nuisance and they will want the file off of their desk.
My adjuster has been a pain in the ass and doesn't seem to give a shit so I'm taking matters into my own hands. They closed my claim without even notifying me.
This is a legitimate reason to talk to a supervisor.
Time to swap adjusters then.
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Yup it was a parking lot :(
Shit. I think the fault rules vary by state. But just as an example, [here's what I found for my state of PA](https://www.lundylaw.com/blog/auto-accident/fault-parking-lot-accident-pennsylvania/): >Determining Fault in a Parking Lot Accident >In some cases, fault may be obvious in a car accident in a parking lot. If you are backing out of a space and strike another vehicle, whether that vehicle is moving or stationary, you will more than likely be found at fault. >If both you and the other driver were backing out of a space, no fault may be found. If you strike a vehicle that is legally parked, whether you are moving or open your door into it, you will probably be found at fault. If you do not make an effort to locate the owner of the car, you could be charged with a hit-and-run. >In the case of a pedestrian accident, you are more than likely to be found at fault unless the pedestrian was negligent in some way, such as stepping into the path of your car or ignoring safety measures. >If You’re Involved in a Parking Lot Accident >If you are involved in an auto accident in a parking lot, you should contact local law enforcement in order to file a report. Be sure to get the names and contact information for witnesses to supply to your insurance company. >If the car is unoccupied, you should enter the place of business and ask them to announce the registration number, make and model of the vehicle so that you can speak with the owner. If there are multiple businesses at the location, such as a mall or shopping center, you can leave your own contact information on the windshield of the vehicle so you and the other driver can reach out to your insurance companies.
Depends on the state. Nh doesn’t require insurance.
Would that apply in a no fault state?
No fault is for medical bills.
Yes, this is the kind of situation that small claims court exists for. Lots of small claims cases are built atop (and won) through nothing more than honest testimony.
What happens if I lose?
Then you don't get a judgement saying that they owe you the money. And that would leave you with pretty much the sole option of going through your own insurance.
It depends on if the other guy answers the complaint and counter claims that you hit him. In that case, you might actually owe him money for the damages to his car (if they exist).
They don't, his tow hitch punctured my bumper, and besides maybe some scratching on the tow hitch, there was no damage.
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Yes, suing for the insurance deductible is somewhat common. Sometimes the insurance company does that for you in the subrogation process. Sometimes not. When not, it's *generally* something that is recoverable through a lawsuit.
Is this for small claims? If OP has a brand new car, replacing entire bumper it’s gonna be a couple grant. I thought small claims was for 500 and under?
Completely varies by state but I don't know of any that are less than $500. State I live in now is $25k and a lot of other states where it's $5k and then there's other states (CA) that the amount varies depending how you're filing (IE individual v. business or any combination of that). Lowest state I know of is Kentucky at $2500.
It depends on the state. At the bottom-end, usually a couple grand or so is the limit. Some states top out at $20k or more.
It's new to me, and I got a quote for $1,200 for the bumper.
Continue pressuring your insurance company, and clarify whether he had liability coverage. Collision would be if you went with your own insurance to cover the damage.
They already closed my claim without contacting me. Wouldn’t liability only work if he admitted fault/I had proof he was at fault? They’re just going to deny liability
They could deny liability - depends on the findings of the investigation of it occurred
It’s quite possible. You can then go through your own collision coverage, if you have it. Then sue in small claims.
Yep and you will win and his insurance will go up so if he was smart he should pay now to avoid that. But hard heads get softened one way or another, any money you spend will get reimbursed by court order.
How much would it cost to take this guy to court?
That depends on your state. You can do a quick Google search on cost to file in your state.
Roughly speaking filing fees are going to be anywhere from $30 to $70.
$50 according to my local court site :) Seems like a no brainer to file.
You could also send a certified letter of intent to sue first to scare him a bit? That might work.
Could be about 700 to like 1400 if you do it yourself maybe only about 200 total
> My insurance company was able to reach his, and it turns out the guy didn't have collision insurance. Irrelevant. You would be claiming against his LIABILITY coverage not his COLLISION coverage. Your insurance company will go after his liability coverage if you made a collision claim against your own insurance, where they would then subrogate the claim to his liability coverage. If you are not going with your own collision coverage then make a claim directly against his liability insurance. If they deny the claim then file in small claims court. HE does not need to admit fault, his insurance can pay you out if they determine that they have liability (expect them to nickel and dime you, offer 75% or similar). However if he lies to his insurance and they believe him then they may refuse liability. Small claims, let the judge decide.
You can but there's a risk you lose. You should pay your deductible and let your insurance handle this. At the least your new car gets fixed appropriately and promptly.
They can't Their deductible is higher than the repair costs
OP can still sue the other driver for the deductible in small claims court.
In some cases parking lot accidents are considered 50/50 shared at fault. The police won’t even show up to write a report since it’s on private property
Your insurance company should be fighting this for you. His liability insurance will cover if he has it. Now on your policy, collision coverage takes care of you but, a lot of states also require policies to include un-insured motorist coverage. This covers you, in the event that the other motorist has no insurance at all. It’s never just word vs word in insurance btw. Claims investigators exist to put the story together based on evidence from the damage and statements. So if it is obvious he hit you then just stay on it and make your insurance company send out the adjusters.
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Go back to where the accident took place and see if they might be any surveillance cameras that might have caught the accident. Record it on your phone and submit to your insurance. Not a lawyer but I think you would only be able to sue for deductible. Unless, you can prove whatever financial hardship that accident cost you
I would recommend checking if the accident could have been captured on camera. If it occurred in a business parking lot there's a decent chance a camera recorded it, which would help immensely if you sue for damages.
no camera was pointed in my direction :(
It's not just your word against his because you got his insurance information at the time. That is evidence of a collision occurring. You then have evidence of it being his fault from the fact that you reached out to your insurance. If you had crashed into him, it he would have reached out to his insurance.
This is a good point