Newsgroups: rec.autos
From: eoates@us.oracle.com
Subject: Re: Parking lot accident
Organization: Oracle Corporation, USA
Distribution: usa
Date: Fri, 14 Aug 1992 01:01:54 GMT
X-Disclaimer: This message was written by an unauthenticated user
              at Oracle Corporation.  The opinions expressed are those
              of the user and not necessarily those of Oracle.

In article <1992Aug11.123926.6224@linus.mitre.org>, rajiv@hilltop.mitre.org (Rajiv Kohli) writes:
> 
> Yesterday after finishing off with our grocery shopping in NH, we were pulling our
> car out of the parking spot. I checked around and pulled out. While still
> viewing the rear area with head turned and already half way out of the spot
> I see a car pulling out from its spot without paying attention to the road.
> 
> I honk and I honk and I honk like crazy. The pedestrians started wondering
> too - that why the other guy was not stopping. And BANG! he hits my 6 month
> old car on the right rear above the tire with his station wagon. A mess.
> 
> Out he comes with tie and suit. I questioned him instantly, 
> 
> I:	Don't you look back before comming out and I have been honking like hell
> He:	If you saw me why DID YOU NOT PULL BACK in your spot
> 
> 	Pardon my BUT AM I MISSING SOMETHING, or does this guy have an
> 	attitude.
> 
> I:	Did you not hear the horn. I have been honking all the time
> He:	No, I didn't hear a single horn nor did I see you. If you saw me why
> 	did you not go back into the spot
> I:	Sir, Can I just have your License#, registration and insurance
> He:	Can I have yours too
> I:	Sure. But where is your insurance card or #
> He:	OH! I don't have one on me. My insurance company is AlState
> 	Why did you not pull back?
> I:	Sir, the world heard my honking. Don't you look back before comming
> 	out
> He:	I didn't see you or heard anything
> I:	How could you not. Everybody else heard it
> He:	I am sorry, but if you saw me first you should have headed back.
> 
> Luckily, people around also heard me honking and did see the commotion. On
> request two ladies who saw it all happen and saw this guy give me problems
> gave me their tel# and address in case this guy gave more problems.
> 
> Later, I went to the police dept of Nashua, NH to file a police report and
> the lady gives me the forms. She suggested that I immediately get an
> estimate and if the loss is above $1000 then it has to be reported to DMV
> and then to fill the forms. Else, just go through insurance.
> 
> My Qs are:
> 1)	Where should I go to get the car fixed? A local body shop or just
> 	give it to the dealer to get it done. The car is going to be with
> 	the dealer for a week anyway while I am out on company business.
> 2)	How good a job do these shops do? Should I be requesting a
> 	replacement of the rear side panel or just let them fix it. I would
> 	think that the paint job would be consistent if it is done on the
> 	complete rear side panel rather than on a part of it. I was thinking
> 	that if it is done on a part of it there would be an obvious
> 	demarkation. Can somebody convince me that they do a pretty good job
> 	and their are no separators visible.
> 3) 	What about rubber parts under the side panels? Do they have to
> 	replaced or they have a way with that too?
> 
> 	Thanks
> 
> Suggestions?


Look out!  Look out!  Look out!!!!!!

The guy who hit you is trying to esablish that you had the last clear chance to
prevent the accident.  Most states,including mine, California, place most fault
on the driver with the last clear change to prevent and accident.  If he can
establish that you had plenty of time to shift into forward and get out of his
way, he has a good chance of establishing compensating fault, and you will
split the cost of repairs (that is, total repairs for both cars, each pay 50%),
which means your insurance company will pay a claim and mark you down as "at
fault."  

I had this happen to me 4 years ago - almost identical situation.  The
difference was that I didn't have time even to honk.  I started backing out,
noticed traffic in the lane and stopped.  When the traffic cleared, the woman
in a space on the opposite side started backing out - she had actually started
before the cross traffic cleared.  Anyway, she hit me, then asked, didn't you
see me?  I said, "I was stopped for the cross traffic.  Didn't you see me?" 
She said, "what cross traffic (!); why didn't you honk at me."  I said, "No
time."  Anyway, her insurance co. tried the same line to establish that I
should have had enough time to do something to alert her or avoid.  I had a
witness, and won.  She paid 100% of the damages.

So, establish among your witnesses how much time you had to react.  It you had
more than about 15 seconds, you may have a problem...

Ed Oates (my opinion, not Oracle's)
Newsgroups: rec.autos