Front end smashed - less than 3 weeks old

[OppoLock]

Thanks for all the advice and condolences guys. I'm about to call my insurance company to report all of this. Definitely getting more pissed as it starts to sink in. He's going to send me his insurance information.

First thing in going to do is get a dashcam to avoid headaches like this. The guy was really nice and I don't see any reason why I wouldn't trust him, but not having a formal police report and not having him admit guilt on camera makes me feel a little queazy.

Fuck all of this.

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[OppoLock]

And to think, I had an appointment tomorrow to fix my hood and fender alignment and get a front bumper nick checked out.

SERIOUSLY COME ON

 

[OppoLock]

day 40 waiting on parts, all sucks. really sucks when its someone else s fault

W... w-what???????????????????????

 

[Barrel]

Threads like this just make your stomach turn...ugh. Sorry about your luck man. This really stinks.

 

[Farmundeh]

That's horrible, sorry to hear the news man.

You mentioned his van was a rental. Did he specify whether he opted for the insurance coverage through the rental agency? And did he make any offer to repair it without going through insurance?

Anyways, it varies state to state and i'm not familiar with Florida law at all. But sometimes you have to file a report with the DMV in the event none is filed via the police, as appears to be the case here. Another thing to consider is how your insurance company will handle the fact that it was an accident on private property. Not saying it'll play a role in your situation but it would be worth looking into before you approach your insurance.

 

[OppoLock]

That's horrible, sorry to hear the news man.

You mentioned his van was a rental. Did he specify whether he opted for the insurance coverage through the rental agency? And did he make any offer to repair it without going through insurance?

Anyways, it varies state to state and i'm not familiar with Florida law at all. But sometimes you have to file a report with the DMV in the event none is filed via the police, as appears to be the case here. Another thing to consider is how your insurance company will handle the fact that it was an accident on private property. Not saying it'll play a role in your situation but it would be worth looking into before you approach your insurance.

He says he only signed waivers to cover damage strictly for the van... told me he'd need to get his own auto insurance involved. I honestly have no idea how this'll play out but I'm about to call All-State and file a report (or whatever you call it). Thanks man.

 

[Farmundeh]

He says he only signed waivers to cover damage strictly for the van... told me he'd need to get his own auto insurance involved. I honestly have no idea how this'll play out but I'm about to call All-State and file a report (or whatever you call it). Thanks man.

Good luck and keep us updated.

 

[raceguy388]

That will buff out!!!

 

[anotherneon]

Just FYI...something similar happened to my friend at a traffic light recently. Car in front of him stopped way past the white line....driver backs up a little and leaves the car in reverse. My friend could not see his reverse lights since he got really close when he backed up. Light turns green and the guy hits him. My friend called the cops to get everything documented...the guy admitted his fault in front of the cops, but they didn't draft a report because the damage was minor. The guy then changed his story and told his insurance company that my friend rear ended him. His insurance company won't talk to the cop. My friend now has to get this fixed on his own and go through small claims court (the cop will get a subpoena).

Yep! Same thing happened to me years ago except no cops were involved. I was at a light and the person in front of me was over the line and the light changed red and they backed up into me. Guy gets out says sorry a million times and that he didnt see me and we exchanged info. He told his insurance company I hit him which I clearly didnt so it went to arbitration and nothing was solved I had to pay out of pocket. Basically all you have to do is lie and you'll be fine:frusty:

 

[Blk2015GT]

That's horrible, sorry to hear the news man.

You mentioned his van was a rental. Did he specify whether he opted for the insurance coverage through the rental agency? And did he make any offer to repair it without going through insurance?

Anyways, it varies state to state and i'm not familiar with Florida law at all. But sometimes you have to file a report with the DMV in the event none is filed via the police, as appears to be the case here. Another thing to consider is how your insurance company will handle the fact that it was an accident on private property. Not saying it'll play a role in your situation but it would be worth looking into before you approach your insurance.

This does not constitute legal advice to anyone here, nor OP.

Under Florida law, Section 316 of the FL Statutes (the uniform traffic laws) does not apply to private property; this is also in an Attorney General advisory opinion issued back in 1986.

"AGO 75-104 which concluded that in areas where the public and local authorities are not invited to travel, local authorities do not have the right or obligation to investigate and write accident reports."

Basically, in a few words, the cops don't have a duty (and actually have no legal authority) to do a report or investigate a crash the occurred on private property/roads.

The only duty when there is vehicle/property damage under Section 316 is to exchange insurance information. After that, it is between the insurance companies who is lying.

Are there cameras in the parking garage? That would certainly help with fault if the van driver contests he was at fault. Anyone else in the garage you could get a sworn statement from?

Other than that, it is really he said he said and who the insurance company believes more.

That really sucks and I hate FL drivers more than anywhere I've ever lived. I've had more dings and dents on my old cars, not even in the car but parked, in living in FL for 7 years than accidents total in 18 years of driving. People here simply do not care about anyone else's property- and notice that it is always rentals or crappy older cars doing the damage to others mostly. Just rude inconsiderate people around here.

 

[JimmyTwoTimes]

He says he only signed waivers to cover damage strictly for the van... told me he'd need to get his own auto insurance involved. I honestly have no idea how this'll play out but I'm about to call All-State and file a report (or whatever you call it). Thanks man.

Not sure about Florida; at least in New York the rental company's insurance automatically covers damage to other vehicles regardless of waivers; there's just a subrogation where they'd be able to sue him back for the money they'd have to pay you if he didn't get insurance. Even that's not normally an issue since most credit card companies provide insurance on rental cars if you pay with that card.

This sucks, man, I know how much you love that car.

 

[Farmundeh]

This does not constitute legal advice to anyone here, nor OP.

Under Florida law, Section 316 of the FL Statutes (the uniform traffic laws) does not apply to private property; this is also in an Attorney General advisory opinion issued back in 1986.

"AGO 75-104 which concluded that in areas where the public and local authorities are not invited to travel, local authorities do not have the right or obligation to investigate and write accident reports."

Basically, in a few words, the cops don't have a duty (and actually have no legal authority) to do a report or investigate a crash the occurred on private property/roads.

The only duty when there is vehicle/property damage under Section 316 is to exchange insurance information. After that, it is between the insurance companies who is lying.

Are there cameras in the parking garage? That would certainly help with fault if the van driver contests he was at fault. Anyone else in the garage you could get a sworn statement from?

Other than that, it is really he said he said and who the insurance company believes more.

That really sucks and I hate FL drivers more than anywhere I've ever lived. I've had more dings and dents on my old cars, not even in the car but parked, in living in FL for 7 years than accidents total in 18 years of driving. People here simply do not care about anyone else's property- and notice that it is always rentals or crappy older cars doing the damage to others mostly. Just rude inconsiderate people around here.

In some jurisdictions, the insurance provider(s) will not get involved either if the accident took place on private property. Based on your comments i'm guessing that isn't the case in Florida?

 

[Clink]

Damn this blows man, sorry to hear OP you just fucking got the car.

Get plenty drunk this weekend at Gasparilla to numb the pain I guess..

 

[REDHRSE]

like I posted on the "rear view camera" thread: there needs to be a way to hook up the rear view cam and a front cam to record not just breaches of security but when the proximity sensors are activated. these cars are not cheap. insurance companies are sketchy and people lie... I want proof saved somewhere. we have the technology... what's the problem? Is the system upgradable to this extent?

 

[Blk2015GT]

In some jurisdictions, the insurance provider(s) will not get involved either if the accident took place on private property. Based on your comments i'm guessing that isn't the case in Florida?

That's up to the insurance companies really. I can't imagine they deny coverage on private property- as you are really insuring private property itself (cars, homes, land, etc).

That would be like saying if you slip and and fall on private land you cannot recover which you obviously can- that's what the insurance is for. Car insurance even applies when you are not in the car, so I can't see a denial of coverage.

Now the guy can go lie and say he was rear ended, and that is when evidence comes in.

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