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Old 06-22-2011, 04:06 PM   #1
DroptopZ
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Stupid People, Parking Lots.

Let me start off by saying that I handle insurance claims for one of the larger companies in the US. I know this has nothing to do with Camaros, but I'm home for lunch and pissed, so if you clicked the title, sorry you're stuck reading my rant

I had a claim today where to drivers were on opposite sides of a parking aisle. Driver A (my driver), said that she backed slowly for 5-6 seconds, turning wheels to the right and was 2/3 out of the spot when she felt a crunch.

Driver B (the other driver) says that he backed for an unknown period of time at an unknown rate of speed, got all the way out, had JUST stopped (less than 1 second) and was shifting into drive when he felt a crunch. He admits to using his mirrors only, and neither driver saw the other.

The points of impact were my driver's driver's side corner to his driver's side rear bumper and quarter (very corner).

All the investigation was done within 48 hours (statements, scene photos, etc). No witnesses, no police.

So... I called this at a 50/50 because, even though driver B was 'stopped,' it was only for an instant and it was pretty much dumb luck that he didn't cream the other driver. Both had the opportunity to see each other and neither did. Neither did anything to avoid. Neither had started to move forward.

So... the guy calls his agent (who doesn't handle claims anyway, just policy stuff) to call me and talk to me about the claim and argue with me. They threaten to call the Insurance Commisioner for improper handling of the claim. Then he has the body shop (???) call to argue with me. Then, finally when I suggest he contact his insurance claims department, he agrees he'll do that. His insurance adjuster calls and raises her voice with me, starts getting lippy. I've been nothing but kind, understanding and empathetic with all involved, even though they haven't been so nice to me.

Am I crazy? Did I do anything wrong, or what?

Seriously, parking lots are the bane of my existence. No-one ever thinks they are at fault, at all, no matter what they were doing. Seriously dude, keep your POS truck out of Wal-Mart if you don't want to look behind you while you back up!

Disclaimer: Any resemblance to any person, living or dead, is purely coincidental. The names have been protected to protect the innocent (or guilty, or whatever).
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Old 06-22-2011, 04:26 PM   #2
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Yea, people can be idiots some times. I do volunteer fire/rescue and MAN, I could tell you stories about the idiots I get to deal with when I'm on traffic control. *I'm not trying to thread jack, just a funny story* I'm standing in the middle of a 2 lane road (one lane each way) with our rescue truck blocking the oncoming lane (which has flashing lights and what not), and there I am holding a flag saying that the road is closed. About 50 yards behind me their is a flatbed truck on its side blocking both lanes of traffic. I'm talking BIG flatbed truck too.

This guy drives right up to me, I signal for him to turn around, he just keeps inching towards me, eventually he gets into the left lane and is attempting to pass me. So at this point he is staring at the accident scene. This was our conversation:

me "Sir the road is closed, I'm going to need you to turn around"

Sir "But why?"

me "well sir there's been an accident" (as I gesture to the accident scene)

sir "can't you move it?"

me "No sir, it's very heavy. Where do you need to go maybe I can help you with directions"

sir "OK. I need to go straight. I need to get down this road"

me *and this is where I'm a bad person* "OK sir, I need you to turn around, drive down the road and make your 2nd right. Drive a little ways and you will see signs for where to go."
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Old 06-22-2011, 04:30 PM   #3
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I thought in most states a parking lot accident was always a 'no fault' area? Pretty much for the exact reasons you named.
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Old 06-22-2011, 04:44 PM   #4
DroptopZ
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Steiger, LOL! That's awesome

And Brokin, common misconception. Most states hold some form of 'comparative negligence,' meaning each driver can share in responsibility. It's just that most of the time it's impossible to establish one or the other at fault so you go 50/50, and both parties get 1/2 their deductibles back, etc.
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Old 06-22-2011, 05:13 PM   #5
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Quote:
Originally Posted by DroptopZ View Post
Steiger, LOL! That's awesome

And Brokin, common misconception. Most states hold some form of 'comparative negligence,' meaning each driver can share in responsibility. It's just that most of the time it's impossible to establish one or the other at fault so you go 50/50, and both parties get 1/2 their deductibles back, etc.
Ahhh i see. Thanks for the clarification.
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Old 06-22-2011, 08:27 PM   #6
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Sorry man, you screwed up, right when you said.....






































..... "I'll take the job."
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