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Need parking garage car accident advice...


Hux
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A friend of mine was hit by a guy backing out of a parking spot, as she was driving by his parking space.

Anyone know the legalities of an accident in a parking garage? Clearly the other guy was at fault, friend would rather go through insurance as repair estimate came in well beyond deductible...

Can police get involved? ie. do a report for insurance?

Thoughts?

(thanks!)

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As far as I know, there will be no police involvement if it happened on private property, and no criminal offense was committed.

Unfortunately with no fault insurance, unless there is an unbiased witness that can back up your friend's story, going through insurance will cost WAY more in the long run.

Even if your friend is deemed 1% at fault, it is an at fault claim.

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AND if you call and ask your insurance company about it, they'll ding you for having an "incident" even if you don't make a claim!!! Never tell insurance about it unless you're ready to go through with it (call anonymously from a pay phone or something )

Also, go to a repair/body shop that YOU trust. NOT the one that insurance sends you to. It's your choice.

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you buddy is 100% not at fault according to the Fault Determination Rules (not the highway traffice act, although he is 100% not at fault there as well). Fault determination rules is what determines INSURANCE fault.

his vehicle will be inspected as to where the damage is located...if its in the front of his vehicle, not the side, he is not telling the truth.

if it is determined the damage is consistent with side impact from a parking spot, even w/out collision cover, he'll have his vehicle repaired. the deductible will be covered by the other Insurance company.

HE MAY be required to pay up front if he did not get the other person's insurance information, or it turns out the other person's insurance is not valid. If the insurance is valid, he will be reinbursed for the deductible. if it is confirmed prior to his damage being fixed, he will not pay the deductible.

with no fault, regardless, his own insurance policy will cover the damage.

Will his rates rise? that depends.

if it is his first claim, nope. they will not.

is it his 2nd or 3rd claim in this policy term.

yep, they will.

hope this helps,

Steve

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accidents on private property still need to be reported but it depends on the amount of damage. if the damage is more than $1,000 (which it can easily be if cars are new) then it should be reported to the local collision reporting center.

hopefully, your friend got the name, license and insurance info from the guy who backed into her. she absolutely requires this. if it can be determined that he was fully to blame, then his insurance will pay and your friend will probably not be dinged. if she is determined to be at fault in any way (i.e., if he fights it and claims she was going too fast, or that she whipped around a corner, etc.) then she will likely get dinged and it may not be worth going thru insurance.

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you buddy is 100% not at fault according to the Fault Determination Rules (not the highway traffice act, although he is 100% not at fault there as well). Fault determination rules is what determines INSURANCE fault.

his vehicle will be inspected as to where the damage is located...if its in the front of his vehicle, not the side, he is not telling the truth.

if it is determined the damage is consistent with side impact from a parking spot, even w/out collision cover, he'll have his vehicle repaired. the deductible will be covered by the other Insurance company.

HE MAY be required to pay up front if he did not get the other person's insurance information, or it turns out the other person's insurance is not valid. If the insurance is valid, he will be reinbursed for the deductible. if it is confirmed prior to his damage being fixed, he will not pay the deductible.

with no fault, regardless, his own insurance policy will cover the damage.

Will his rates rise? that depends.

if it is his first claim, nope. they will not.

is it his 2nd or 3rd claim in this policy term.

yep, they will.

hope this helps,

Steve

They'll raise the rates even if none of the first, second or thirds are at-faults?

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yes morgan, its a frequency issue.

good drivers will not generally get into multiple not at fault claims in one term.

if they do, there is a reason?

maybe they are a careless driver, causing others to hit them. maybe they stop abruptly often, causing others to hit them.

maybe they are on the road more than the average, so then the risk has changed.

i underwrite commercial construction and contracting risks, but i can often help with pricing of personal lines....auto or property.

its not really different from an insured who has a multitude of theft claims in a term. yes its not their fault. But why is it happening?

The average driver in the province of Ontario gets into 1 Not At Fault accident every 3 years. This has been derived by actualarial statistics...

if your getting multiple not at faults in one term, something is up.

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