Hello I am posting today to get some questions answered about a fender bender. I apologize in advance for the long passage about the details that follows. Yesterday I was at a supermarket gas station in the state of Georgia waiting to get gas. I pulled up behind a car that was fueling at the pump and waited for them to finish. I was more than a car lengths behind them as the gas station had 2 pumps per row and a total of 4 pumps in the aisle so I figured the car in front would need to back up a little to shimmy out of there. Once the woman finished fueling she got in the backseat and the driver preceded to reverse. She reversed more than a cars length and hit my passenger side front bumper. We stepped out and the driver stood and stared at me in silence while her passenger said that there was no damage. I saw a slight dent and cracks in my paint so I said there is damage and asked the driver if she had insurance-she stood there in silence with a dumb look on her face. The passenger chimed in and said that they had insurance so I called the non-emergency line to get an officer out to the gas pump. As we waited for the officer I could hear the two women talking to each other and on the phone about what happened and they were making up their own recollection of the events. They were in the car and the gas station was very busy so it was hard to hear all the details. Once the officer arrived I explained simply that they backed into me. They told the officer that they did back up to shimmy out and as they were doing that I pulled in causing them to hit me! They also claimed that the damage on my bumper was pre-existing and that they had no damage. I pointed out the dark marks on their white rear bumper to the officer that matched my damage. (Their car was a used model that was spotless with temp tags on it). I also pointed out the cameras at the gas station and the officer said he would try to look at them. He got our info started the report then gave back our insurances and licenses. The gas station attendant told him that she didn’t think the cameras were recording so the officer said he was going to go inside the supermarket and ask the manager if they had footage. The other car left and I proceeded to get my gas. A friend of mines who works for an insurance agency called (as I posted I was hit by a car on social media) and told me to get a look at the surveillance footage since there was no way a multi-million dollar supermarket chain would not have cameras rolling. So I went inside and met up with the officer and explained my side of the story again and he said that since the supermarket was considered private property he could not necessarily give fault. The manager allowed him to watch footage but said that customers could not so the officer asked me to sit tight while I waited for him to return. He came back saying that in the video he could see their car clearly and my car was not visible…But the shadow of my car was visible. He said they backed up more than a car length and the video shows their car impacting my car (it shows the shadow of my car getting hit and the car subsequently rocking) then me and the occupants of the car walking around to assess the damages. My questions are: A.) The officer said something about it being a no fault claim since its on private property in Georgia, but this was before watching the video, due to the video evidence will his report put them at fault? B.) Since they lied to the officer should there be a note in the report about them lying? C.) A few friends suggested getting the entire bumper replaced completely. Would that be possible and should I even ask to get it replaced completely? And D.) Most Importantly: Will my insurance rates go up due to them hitting me? Thanks in advance for reading and for the replies!
Fender Bender Question
- Thread starter TCS813
- Start date
CKSINSURANCE
Expert
- 39
the key of this issue is that you need to tell the police and the adjuster that your car was not moving at all when the other car hit you. this statement should be on the police report. and you have the footage to support that.
you should have the other car's carrier to take care of the damage. i see situations where carrier will pay for the entire bumper depends on what you argue and what the carrier is.
if you don't get your carrier involved, you insurance will not be affected.
you should have the other car's carrier to take care of the damage. i see situations where carrier will pay for the entire bumper depends on what you argue and what the carrier is.
if you don't get your carrier involved, you insurance will not be affected.
Ok..a few thoughts from the claims perspective...
First, this is highly likely to play out as follows. It will be determined word vs word, 2 differing versions, each parties insurance determining no overwhelming evidence exist (or is available as it clearly exist, but cannot be viewed potentially by both companies) and each party handles their own damage under their collision insurance with the applicable deductible.
Your case has 2 issues...1st fault (proving your version while discrediting the other persons) 2nd proving the damages are a result of the accident, assuming you can overcome obstacle #1. The police have no interest in playing judge in private property accidents, it's a civil matter, not criminal and the police recognize this. The video is clearly the best evidence, but many stores are aware of privacy violations and potential liability there...they simply won't give copies of video to just anyone - and sometimes won't allow it without subpoena. Most times though I had no problem getting a manager to allow me to view this type of footage by asking nicely - assuming they allow both parties companies to view and it occurred as you say, then issue #1 is resolvable...if not, your only chance is witnesses with no connection to either party...and since you didn't mention them, I assume they don't exist.
#2 issue..the alleged old damage is easier. Cracks from a long time ago can be detected vs fresh. Scrapes are to be expected - even if the fresh scrape occurred over an existing one, the at fault party owes to correct the fresh damage (which may also resolve the old damage) - since your car is new to you (as evidenced by temp plates), the paying company should easily be able to look up prior owner and ask about old damage in this area.
Hope this helps and best of luck.
First, this is highly likely to play out as follows. It will be determined word vs word, 2 differing versions, each parties insurance determining no overwhelming evidence exist (or is available as it clearly exist, but cannot be viewed potentially by both companies) and each party handles their own damage under their collision insurance with the applicable deductible.
Your case has 2 issues...1st fault (proving your version while discrediting the other persons) 2nd proving the damages are a result of the accident, assuming you can overcome obstacle #1. The police have no interest in playing judge in private property accidents, it's a civil matter, not criminal and the police recognize this. The video is clearly the best evidence, but many stores are aware of privacy violations and potential liability there...they simply won't give copies of video to just anyone - and sometimes won't allow it without subpoena. Most times though I had no problem getting a manager to allow me to view this type of footage by asking nicely - assuming they allow both parties companies to view and it occurred as you say, then issue #1 is resolvable...if not, your only chance is witnesses with no connection to either party...and since you didn't mention them, I assume they don't exist.
#2 issue..the alleged old damage is easier. Cracks from a long time ago can be detected vs fresh. Scrapes are to be expected - even if the fresh scrape occurred over an existing one, the at fault party owes to correct the fresh damage (which may also resolve the old damage) - since your car is new to you (as evidenced by temp plates), the paying company should easily be able to look up prior owner and ask about old damage in this area.
Hope this helps and best of luck.
- 232
Get the car to a reputable body shop and get an estimate. Be 100% honest about any prior damage, because they can tell what is old vs. new damage, and they'll be obligated to state that to whatever insurance co is paying for the repair.
A - yep, private property pretty much equates to no-fault. File your own claim with your insurance and let them fight it out.
B - depends on if the officer documented any perception of a lie...and even then, the insurance companies may not care either way. File your own claim with your insurance and let them fight it out.
C - a body shop or an experienced adjuster can usually tell. If there is prior damage, including a prior repair that you were unaware of, a full replacement may be required but not fully covered by your insurance. File your own claim with your insurance and let them fight it out.
D - will your rates got up? Filing an insurance claim can certainly make that happen. How much is that "slight dent and cracks in my paint" worth considering you'll have a collision deductible. File your own claim with your insurance and let them fight it out.
I sense a theme here!
A - yep, private property pretty much equates to no-fault. File your own claim with your insurance and let them fight it out.
B - depends on if the officer documented any perception of a lie...and even then, the insurance companies may not care either way. File your own claim with your insurance and let them fight it out.
C - a body shop or an experienced adjuster can usually tell. If there is prior damage, including a prior repair that you were unaware of, a full replacement may be required but not fully covered by your insurance. File your own claim with your insurance and let them fight it out.
D - will your rates got up? Filing an insurance claim can certainly make that happen. How much is that "slight dent and cracks in my paint" worth considering you'll have a collision deductible. File your own claim with your insurance and let them fight it out.
I sense a theme here!
ReliableInsurance
New Member
- 8
Unfortunately. In a private space the laws of the road don't hold the same. If it is in a private space versus a public road, the officer will take both sides and report it. The insurance companies will hash out who is to blame. If they can't come to a conclusion they will probably just pay their own insured's damage and give you both an at fault accident on both of your records. Sorry to be the person to break it to you.
I'm amazed an officer would even respond to this accident. No injuries, minor damage. In many areas you now have to file your own report.
File the claim against their insurance company, not yours. If the police report states what he saw on the video, you will be good. If not, it will be a battle.
Bumper - no need to replace, though they frequently 'recondition' bumpers that have minor scrapes / bumps.
In most states (I don't know about GA), you need to be 51% at fault to be rated for the accident. A 50/50 determination usually means its a no-fault accident. In addition, most states have a minimum damage threshold before it becomes a rated incident. Can't say in this case whether any of this applies. You may still lose some minor discounts, such as claims free for 6+ years or whatever, but these are usually very minor.
Dan
File the claim against their insurance company, not yours. If the police report states what he saw on the video, you will be good. If not, it will be a battle.
Bumper - no need to replace, though they frequently 'recondition' bumpers that have minor scrapes / bumps.
In most states (I don't know about GA), you need to be 51% at fault to be rated for the accident. A 50/50 determination usually means its a no-fault accident. In addition, most states have a minimum damage threshold before it becomes a rated incident. Can't say in this case whether any of this applies. You may still lose some minor discounts, such as claims free for 6+ years or whatever, but these are usually very minor.
Dan
