How can I prove I didn't sideswipe the woman backing out of the spot and that she backed into me?
I'm an NC resident and was involved in a parking lot accident in which my Scion xD was backed into by a VW bug. I was driving through the aisle of the parking lot and a woman in a VW bug parked between a truck and a minivan started to back out in front of me. I stopped and beeped my horn and I thought she saw me because she paused about 2 ft out in the aisle. I started up again and moved at an angle to go around where she was out in the aisle. She began rolling again, so I stopped at an angle and beeped my horn. I thought for sure she would see me but she continued backing up over the next couple seconds and so I layed on my horn. She backed at an angle into my front passenger door, leaving about a 1.5 ft scratch on her back left bumper and a small dent and about a 1.5 ft broad really light tiny scratches on the edge near my tire and my passenger door. Because I was at an angle in the aisle sitting still for several seconds (thinking okay if we both just stop this is how we will get out of this hairy situation) before the actual impact, she had even more time to move out of the parking spot but she still was not completely out of the spot, I would say about 70% of her car was out at the point of impact, but when I originally beeped my horn she was only a foot or two into the aisle. An officer from our work (I'm not sure if hes a real cop or just a security guard at the hospital that I work at but his jacket said officer) wrote up a report. I was in my car asking my parents what I should do and did not hear the other woman's version of the story and when I got out of my car the officer only asked me if I was going straight down the aisle and I replied that I was and he asked her if she was backing up and she replied she was and I thought that was all of the information he took down. However when I read the report it states that the other woman stated she had already backed out of her spot and had just put her car in drive when I sideswiped her bumper. It stated that since her car did not have a dent and mine had a scratch down the door that the evidence supports her claim that her car had been sideswiped. Since I was at an angle I totally can see how it looks like I was flying through the parking lot and attempted to avoid the accident but still sideswiped her, but THAT IS NOT WHAT HAPPENED!!! I think that the woman genuinely believes that I ran into her because obviously if she had seen me sitting behind her she would have stopped, but the statement that she was already in drive is definitely a lie. I went back to the police officer and told him a more detailed version of my side of the story and he added to the police report that I beeped my horn and that I stated the client hit me at an angle but still left in there that the evidence supports the woman was sideswiped. I am super frustrated because I was literally sitting still at an angle in the parking lot beeping my horn when I watched her back into me. I took pictures that prove she wasn't out of the spot completely and theres no way she could have already had her car in drive to pull forward, but there is nothing proving that I didn't sideswipe her. The woman called me and asked if I had made a claim because she hadn't heard anything from her insurance company yet and I told her the scratches were so tiny and the dent was in a spot that went inward in the body of the car that I wasn't even going to make a claim. The next day SHE puts a claim in to MY insurance. I'm upset because I feel like the evidence/ police report supports her claim but that is NOT what happened. The broad hairline scratches found on my passenger door are from her backing in a curve out of the parking spot and hitting my car at an angle, not backing straight into me... and the damage is SO little that there is NO way I could possibly have been going "15 mph at the time of impact." You can't even see the damage on my car unless you bend down and look closely. Is there anything I can say or do to prove I wasn't moving and I didn't sideswipe her? Can someone explain why the small dent and marks on my car passenger door automatically mean I sideswiped her? Any advise of examples of similar situations would be greatly appreciated.
Asked By: Cookie - 1/28/2013
Best Answer - Chosen by Asker
First of all I have to say this... More
Answered By: Ranger - 1/29/2013
Additional Answers (2)
file the claim tell them what happened, see if the store has cameras. if she was in reverse 1% or 99% out of the space its her fault period. she sounds bats*!t crazy to me
Answered By: just another guy - 1/28/2013
Look for local stores/businesses right there to see if they have any security cameras. Then ask the owners of them if they keep backups, then try to find the video for that day/time to see if you could use it for evidence. It actually worked for me in one accident.
Answered By: ? - 1/28/2013
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