Asking for advice after accident

[accordaffair]

Well I was backed into by some woman in a parking lot. I was in the car at the time. Situation is as follows...

I was taking my lunch break from work, I get in the car and start backing up. I saw there was an SUV backing up as well, behind me and to the left. Now if we continued backing up we would meet bumpers. This sort of situation happens often, both drivers stop and one needs to back down and pull back into their spot to let the other driver out first.

So I stop and wait for her to stop. But she's still creeping in reverse. I tap the horn once or twice, sort of saying "Hey, I'm back here." She's still backing up. Oh shit, she's fucking blind and/or deaf, she's not gonna stop. I lay on the horn. Will it be a close call, stopping within inches? I feel a 5 mph nudge and hear the cracking of plastic. Now my blood is about to fucking boil just thinking about it.

So I put it in park. Shut off the car. Get out to face the driver who now finally figured it out that someone was behind her. Great fucking job not watching where you're going.

I am watching my clock. Man I am wasting my lunch and I am hungry. And now I'm pissed on top of it. I offer to exchange information. So we exchange name, address, phone number.

That night I called her number. Her daughter picks up the phone. I ask her to give the message to her mother that I need to talk to her about the accident we had today. She never calls. I try again after I get back from a trip I took a couple days afterwards. I get a machine, so I leave a message. I tried again about 2 weeks ago, again message machine.

She is obviously ignoring me figuring she got off scott-free (sp?)

OK, the accident is her fault, but me getting screwed over is my fault.

A. You must get a cop to the scene of the accident to file a report, no matter how minor. Now I know for the future...
B. If you only get info, you need the make model, insurance info, as much as possible...now I know.

Now, she sustained no damage. My cars' rear trunk lid is dented in, and the rear lights are all broken (though still operational) My bumper also has a one inch wide by 1/2 inch deep gash in it. My trunk now leaks 10x more water because the dent also pushed the trunk up, thereby seperating the seal while its shut.

I haven't contacted the insurance people because,

A. If she will replace the shit she busted, then the insurance companies don't need to know.
B. Chances are they will find a way to raise my insurance because of it. They've raised insurance for people not at fault, I've seen it done before.

So...here is where I stand. I want my shit fixed. I know where she lives, I went by and took pic's of her car and it's license plate. Should I call the insurance company? I thought about asking a cop what I should do, but hell my skins got a tan, I'm scared of cops. *shakes*

So besides telling what I should have done, does anyone have advice on what I can do now?

[CoPilot1]

go by her house and knock on that fuckin door...thats bullshit man. i wouldnt leave until she came to a settlement with me that day. none of this "I'll call you later and we'll talk about it" bullshit. confront her about trying to avoid you. she is the one that fucked up your car and SHE is the one that should HAVE to pay for it... sorry i just get a lil pissed at this type of childish crap

[accordaffair]

Not a bad plan. I can go by there tomorrow.

[Noxidea]

Careful , Going to someones house leaves you open to alot of charges man , its a form of stocking in some states and they will make it look like u were there to hurt someone instead of resolve the problem , i think in my honest opinion ask someone thats completely harmless like a parent or a older guy from work or something to accompany you over to the house and talk , myself i would bring an officer cause then u know she has to be honest and play no games , just call and ask an officer to go over to someones house that hit ur car and talk to her , if he asks why you want him there just say cause if she is not going to settle this out of insurance companies and court i want you to look at her car and mine and write a report for my insurance company , maybe not exactly this but on these lines just to make sure u are all set and in the clear , people can make it look like u cam over there with threats and everything man and if u are on there property more than likelly the cops will beleive them unless u bring the cop from the beginning

hope everything works out either way man Sorry about ur ride

l8ter -Sean-

[accordaffair]

I see what you mean. It might not look good for me since I carry a pocket knife with me all the time, actually I currently carry 2. Not necessarily for protection, I use them because they're useful...but anyone can say anything.

So you think I should go to her place, but call a cop first and explain the situation to him/her? How do you call the cops when it's not an emergency? 912?

[Chan_Man]

Go knock on her door. Present to her whats going on and that she needs to do her duty in fixing this situation. If she does not comply you can try asking a cop for advice. Theres not much hoping considering that couple of days had past.

[Lantis]

Yeah call the police. If you look in the phonebook you will find a non-emergency number. She is obviously ducking you and never plans on paying. So just call a cop, explain the situation and if possible, go to her house with the police officer and have a good chat with her about fixing your car. Cause basically she is getting away with a hit and run.

If that doesn't work, go find a lawyer, and sue her ass. Drag her into court until you get your money. She can't lie in court or duck you and not show up, either of those will get her thrown in jail.


And even if you had called the police, they might not have shown up for an hour or two. They only rush to the scene if someone reports an injury or possible injury.



Also, next time, call the police to the accident no matter what, even if they don't show up for an hour or two, you still need to call them and sit there and wait.

The only time you need to try and settle it outside of insurance and outside of police is if they offer you money right there on the spot. Some mexican lady with no insurance hit my dad in his front fender and put a big dent in it and also ruined one of his wheels and she gave him a few hundred dollars right there on the spot because she had no insurance, so he said fuck it and took the money and they left and he bought a new wheel.

[i'm the girl]

sue her - either find a lawyer to do pro bono or cheap and sue her for parts and for your own suffering (its punitive damges)

OR

take her to small claims court on your own, suing for damages and try to figure out how much time you've spent trying to get a hold of her - and charge her a mimmum-wage type rate for that, too - since youve been doing secretarial work and missing out on your life as a result

small claims will allow up to $5000 claims.


she will be forced to appear and if she doesn't, she be assumed guilty and be forced to pay

[Rusty]

Try and stay out of court and away from the insurance company's as much as possible. Since it was in a parking lot and you were in your car while it was running you are automatically both found to be 50% at fault. (well at least around here thats the law) If you get the insurance company involved its very likely that they will raise your insurance and if you bring her to court its pretty much going to be her word against yours.

I pretty much agree with what others have said. Go to the police write up an accident report and have them go with you to her house.

Hopefully then she realizes that she isn't gonna get out of this and pays up

good luck

[h22sparkle]

Also dont forget to take pictures of your car and th place of the incident showing the debri on the ground,then go to the precinct then file a complaint and esxplaining what happened.And most likely they will advise you of you to get an attorney and sue her or go to small claims court. dont even bother going to her house and that would be stalking and they bitch will try to lie on you sayin you did this and that saying all kind of harrassment and shit.

[accordaffair]

Well the scene of the accident won't have anything there anymore. My car is still obviously damaged so they can look at that all they want. I only want whats owed me. I don't need 5000 dollars, all I want is to get my shit fixed.

[SteveB]

she will be forced to appear and if she doesn't, she be assumed guilty and be forced to pay

lol.....have you ever been through small claims court?

Getting a judgement is one thing, getting it enforced is quite another!

[high c]

id swing by her house and shank her ass, and take her suv...towing you cb behind it

[aero]

well.. in the end, it wont be easy getting any money out of it. The only way it is good to leave the scene of an accident (after conversing w/the other involved party) is if you are at fault. If her daughter is legal....

Cops most likely wont do crap. If you know a lawyer, just have them give her a ring, leave a message on the answering machine for her, then maybe she will act quicker. In the end, its your word against hers, and nobody wants to hear a whiny soccer mom, so they'll just agree with her.

[h22sparkle]

Oh yeah witnesses help out alot too get atleast 3- I bet youll win