I'll try to make this story as short as possible, but I can't promise anything :)

OneM and I were in the Outer Banks back in May for a quick weekend trip. The place we stayed had a kitchenette, so we decided to go to the local grocery store to pick up some food for the room. OneM was driving my car. He was parking the car and decided to pull forward into the space in front of us (common, right?). Anyway, this guy in red pick-up truck comes at us from the left, crossing parking spaces horizontally. OneM and I both saw that he was about to hit us. OneM hits the gas to try to get out of the guy's way, but he ends up clipping the back driver's side bumper area of my car with the front of his car. If OneM had not attempted to move out of the way, he would've side-swiped us right in the driver's side door. My car has about $620 worth of damage to it. My insurance company will pay for it, but I have a $500 deductible. Sigh.

So, after the accident, the guy moved his vehicle. He gets out and says "we were both at fault, so how about if you cover your damages and I'll cover mine?". I was like hell to the no, you hit us and you are responsible for the damage to my car, I'm calling the police. In retrospect, I wish the guy would've just left, because my insurance company informed me that my damages would've been covered under uninsured motorist coverage, but he stayed. Sigh. The cop takes both our statements and writes in his report that Vehicle #1 (driven by the guy in question) struck Vehicle #2. He mentioned something about a blind spot, but it also clearly states that the other driver was traveling diagonally across parking spaces.

I filed a claim with the guy's insurance company (Geico). They denied the claim because they said that there was not proof that their client was 100% at fault. Seriously???!! OneM even drew a diagram, but apparently, his version of the story didn't line up with ours. We didn't bother to talk to any witnesses in the parking lot, because we both thought it was just common sense that this guy hit us with the front of his vehicle while traveling diagonally across the row of parking spaces, so he's obviously at fault. No brainer, right? Well, I guess if you hit someone, move your vehicle and then lie to the cops about what happened, you can get off scott free.

I appealed the decision and it was taken to arbitration by my insurance company. Well, I found out yesterday that they decided we were equally at fault. From what I understand, this is partially a flaw in NC's laws, because they do not do percentages of fault in accidents, you're either 100% at fault, or both parties are equally at fault, there is no in between. I talked to a Vice President at Geico today and he told me that the arbitration board could not determine that we had the right-of-way. WTF?

Anyway, apparently my only recourse is to take this guy to small claims court. Would this be a waste of time? I think we have a pretty strong case that this guy is responsible for the accident, but I obviously thought the insurance companies would draw that conclusion as well and they did not. I'm so pissed off right now. I hate injustice and I think the guy who hit us is a scum bag. I'm the type of person that if I accidentally door ding your car in a parking lot, I'll leave a note. I take responsibility for things that I cause and don't try to weasle my way out of them. I wish everyone was that way. Karma's a bitch, though, so if nothing else, I hope it bites him in the ass in a big way.

Anyone have any other suggestions? Thanks in advance.

Brevity is your friend.

~ Judge Wapner

 

Originally Posted by ShyGuy03533

cliff notes and maybe i can help

Sorry, I thought about doing cliff notes, but I think all the information is important to the story, so I didn't. If I do cliff notes, I figure people won't read the thread and will end up asking me questions I've already answered. It's a quick read, don't be lazy ;)

To Mr. G: I don't know. He was driving an older truck that looked like some kind of work truck maybe. At the very least, it will be vindication for me and I can always put a lien on any property he owns. I'm not really doing it for the money, but more the principle.

The process is really simple. You go to the clerk of courts office in your county. They will give you a small packet of forms to fill out. You can write your complaint out long-hand if you like. You pay money and bingo-bango you're on LA Law. GLGL. Please post results.

lotta hassle for 500 bucks, principle or not.

why not just have onem pick him up by his ankles and shake the money out of his pockets? ez game

You might have to file in the county where it happened, the county where he lives or the county where you can serve him. The good news is that this could mean another trip to OBX. Good Luck.

Yes, I have to file the claim in the Defendant's county of residence. As an attorney, do you think I have a decent chance of winning? It'll cost $86 to file and have him served. I don't mind another trip to OBX at all :)

 

Originally Posted by dank773

In Chicago we have a couple of newspaper columns, the problem solver and the fixer, that try and straighten things out for people. Basically, they tell the company to make things right or they'll write a column about them. See if you have something like that locally and see if they'll go after Geico.

I thought about this, but apparently, the arbitration is binding between the insurance companies, so there is nothing more either of them can, or will, do. Believe me, i called Geico's corporate office today and that's how I ended up speaking to the VP.

Let's get one thing cleared up, before this goes further. I was not aware there were eye witnesses to the accident. The people I remember seeing in the parking lot, came out of the store after the fact. Carry on.

We have the police report that clearly states that he hit us, and my insurance company is mailing the pictures of the damage to my vehicle. I don't think the guy is claiming he didn't hit us. OneM and I both saw what happened and OneM also drew a diagram. I think we're good. Hopefully the judge/magistrate has common sense. Who knows?

 

Originally Posted by OneM24

Let's get one thing cleared up, before this goes further. I was not aware there were eye witnesses to the accident. The people I remember seeing in the parking lot, came out of the store after the fact. Carry on.

You're probably right, but I didn't even think about witnesses myself, because it seemed so clear that he was at fault. I don't get in accidents as a rule and have never even had a speeding ticket, so this was all a new experience for me. Lesson learned.

When somebody says it's not the money it's the princple it's always about the money

<3

I wanted to clarify that OneM didn't suggest that we not talk to any witnesses, that was my thought. I guess my OP makes it sound like we verbally agreed that we didn't need witnesses, which is not so. My point is that we both thought it was clear the other guy was at fault and that's what we talked about. I saw people in the parking lot, but I'm not sure whether they saw the accident or not. OneM says there weren't any witnesses. I didn't mean to imply that he doesn't know you're supposed to talk to witnesses, obviously he does.

Well, I would obviously like to get some money from the guy, but I'm not holding my breath. If the judge rules in my favor and I can inconvenience this guy, then I'm ok with that too.

 

Originally Posted by Skyroller

Common, but against the law in North Carolina. He was correct when he said you were also at fault.

Well, you could be right, but it seems like he was the most negligent party in the situation regardless. It's my understanding that in other states, insurance companies can assign percentages of blame from 1-100%. NC does not do that. I definitely don't see how anyone can think we were equally at fault. Isn't it a driver's responsibility to pay attention to what's in front of their face while driving? We were in front of him, he was not in front of us. He is the one who hit us. He had his head turned looking the other way. Had he been paying atttention, the whole thing could've been avoided, but he wasn't.

Don't pm chaz