# I was hit while parked...



## jasonshadow (Feb 13, 2019)

I was parked outside of a store while my rider went inside to make a purchase. Someone pulled into the parking spot next to me and hit my car in the process. He claimed that I was backing up to his insurance company which is a lie. The store I was parked in front of checked their security camera and where I was parked is outside of the view of camera. I was parked while waiting for my rider to come out of the store so I was obviously not backing up. I have a rideshare rider with Mercury insurance but they said they only cover me while driving to pick up a ride or after dropping off a ride, not while I have a rider. They deferred me to Ubers Insurance, "James River Insurance". I was instructed that regardless of who is at fault there is a $1K deductible and given my damages were $950 I was responsible for paying for damages. I am beyond frustrated.

Does anyone know of any recourse?


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## peteyvavs (Nov 18, 2015)

jasonshadow said:


> I was parked outside of a store while my rider went inside to make a purchase. Someone pulled into the parking spot next to me and hit my car in the process. He claimed that I was backing up to his insurance company which is a lie. The store I was parked in front of checked their security camera and where I was parked is outside of the view of camera. I was parked while waiting for my rider to come out of the store so I was obviously not backing up. I have a rideshare rider with Mercury insurance but they said they only cover me while driving to pick up a ride or after dropping off a ride, not while I have a rider. They deferred me to Ubers Insurance, "James River Insurance". I was instructed that regardless of who is at fault there is a $1K deductible and given my damages were $950 I was responsible for paying for damages. I am beyond frustrated.
> 
> Does anyone know of any recourse?


Only recourse you have is suing the driver that hit you, let a judge determine who was at fault, hope you took pictures at the time of the accident.


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## Ssgcraig (Jul 8, 2015)

peteyvavs said:


> Only recourse you have is suing the driver that hit you, let a judge determine who was at fault, hope you took pictures at the time of the accident.


Bingo!! We have a winner!!


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## jasonshadow (Feb 13, 2019)

I appreciate the input guys. I definitely have photos of the damage but nothing additional that would back up my case. I will probably contact this guy and offer him to pay me $750 or see him in small claims court for the full amount of $950.


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## Stevie The magic Unicorn (Apr 3, 2018)

Take it to the other guy's insurance directly, if you have a police report it will have his info.

James rivers is notorious for being lazy. They could EASILY nail his insurance for the cost of the repair and only be out like 1/2 man hour.


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## 911 Guy (Feb 8, 2018)

jasonshadow said:


> I appreciate the input guys. I definitely have photos of the damage but nothing additional that would back up my case. I will probably contact this guy and offer him to pay me $750 or see him in small claims court for the full amount of $950.


The full amount should include your time and efforts. "Pay $750 or I'm suing you for $1500".


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## SEAL Team 5 (Dec 19, 2015)

jasonshadow said:


> I appreciate the input guys. I definitely have photos of the damage but nothing additional that would back up my case.


Didn't you get the name and phone number of your pax that went in the store? He could testify that you were parked in a stall waiting for him to come back. His testimony will make it reasonable that you had no intentions of moving until he returned to your vehicle. He could testify that you were in the exact same spot when he returned.

In small claims its preponderance of the evidence, not reasonable doubt. Your pax was not a friend or relative of yours and his testimony would be considered unbiased. You should be able to easily win this case.


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## peteyvavs (Nov 18, 2015)

jasonshadow said:


> I appreciate the input guys. I definitely have photos of the damage but nothing additional that would back up my case. I will probably contact this guy and offer him to pay me $750 or see him in small claims court for the full amount of $950.


He won't pay you a dime, just drag his ass to court. You already know he's a liar, now get him under oath and let him lie to a judge.


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## 911 Guy (Feb 8, 2018)

peteyvavs said:


> this.
> He won't pay you a dime, just drag his ass to court. You already know he's a liar, now get him under oath and let him lie to a judge.


A dash cam could quash it. JS


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## FLKeys (Dec 27, 2018)

Dash Cam for the win! Not just for rideshare for every day driving as well.

Also check other area businesses to see if the have security footage. You may be surprised who has footage of surrounding areas.


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## Tom Oldman (Feb 2, 2019)

Any rideshare driver needs a dash cam to record inside and outside of the car. Get a good one, they cost $150 to $200. The Vantrue N2 Pro would record events while parked even if you are not in your car, that's the most important equipment you need to have and it pays off. I hope you recover from your financial losses soon. Good luck and stay safe.


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## itendstonight (Feb 10, 2019)

FLKeys said:


> Dash Cam for the win! Not just for rideshare for every day driving as well.
> 
> Also check other area businesses to see if the have security footage. You may be surprised who has footage of surrounding areas.


What dashcam do you use? How expensive is it to buy and maintain?


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## Tom Oldman (Feb 2, 2019)

I bought the -Vantrue N2 Pro- from Newegg on sale for $149.00 (regular $199.) I'm sure if you search you can get a good deal. It has good reviews anywhere you look. I have had it for couple of weeks and I highly recommend it. There is not much of maintenance involved, you just need to read the instructions before use and it shouldn't take more than 15-20 minutes. In my opinion, it is a user friendly equipment. I returned 2 other dash cams, cheaper ones, before I settled for this one. But do your own research, technology changes overnight, maybe there are already better ones out there. Good luck.


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## 911 Guy (Feb 8, 2018)

Tom Oldman said:


> I bought the -Vantrue N2 Pro- from Newegg on sale for $149.00 (regular $199.) I'm sure if you search you can get a good deal. It has good reviews anywhere you look. I have had it for couple of weeks and I highly recommend it. There is not much of maintenance involved, you just need to read the instructions before use and it shouldn't take more than 15-20 minutes. In my opinion, it is a user friendly equipment. I return 2 other dash cams, cheaper ones, before I settled for this one. But do your own research, technology changes overnight, maybe there are already better ones out there. Good luck.


I had the Vantrue N2 Pro ($149 also) hard wired at Best Buy ($55) about 8 months ago and wish I would've sooner. The only "maintenance" is removing the card or camera to archive videos.


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## jaxbeachrides (May 27, 2015)

I was hit while parked last month. Got a report, called their insurance every day for 2 weeks and got a check more than what I paid for the car.

Was deactivated since it counts as another accident, but I wasnt going to let Mr. EZ bake wreck my car without a report to get compensated.


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## itendstonight (Feb 10, 2019)

jaxbeachrides said:


> I was hit while parked last month. Got a report, called their insurance every day for 2 weeks and got a check more than what I paid for the car.
> 
> Was deactivated since it counts as another accident, but I wasnt going to let Mr. EZ bake wreck my car without a report to get compensated.


Wait, accidents you are not responsible are counted against you?


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## steveK2016 (Jul 31, 2016)

itendstonight said:


> Wait, accidents you are not responsible are counted against you?


Yes


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## FLKeys (Dec 27, 2018)

itendstonight said:


> What dashcam do you use? How expensive is it to buy and maintain?


Venture N2 Pro, 2 memory cards and transfer files to hard drive storage for 3 months.


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## p38fln (Oct 23, 2018)

steveK2016 said:


> Yes





itendstonight said:


> Wait, accidents you are not responsible are counted against you?


Yes, I seriously doubt Uber actually cares, but being in any accident at all causes the premium they have to pay to have you as a driver to go up. Even just TALKING about being in an accident can cause your rates to go up, whether or not the insurance company has to get involved or pay out a single cent. I learned that the hard way from Progressive. I asked if I should fie a claim because someone hit me in a parking lot, decided not to when I realized that the repair wouldn't exceed the deductible and the police won't file a report on private property (I tried) and then when my insurance renewed it went up $300 every 6 months because CLUE said I was in an accident... I REALLY hate insurance companies.


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## steveK2016 (Jul 31, 2016)

p38fln said:


> Yes, I seriously doubt Uber actually cares, but being in any accident at all causes the premium they have to pay to have you as a driver to go up. Even just TALKING about being in an accident can cause your rates to go up, whether or not the insurance company has to get involved or pay out a single cent. I learned that the hard way from Progressive. I asked if I should fie a claim because someone hit me in a parking lot, decided not to when I realized that the repair wouldn't exceed the deductible and the police won't file a report on private property (I tried) and then when my insurance renewed it went up $300 every 6 months because CLUE said I was in an accident... I REALLY hate insurance companies.


It's business of risk management. Sometimes being rear ended isnt always cut and dry the person that hits you fault. Perhaps you drive like a grandma, perhaps you broke unexpectedly and for no reason. Some people are accident magnets. Perhaps you park like a jerk, causing someone to hit you, who knows.


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## p38fln (Oct 23, 2018)

steveK2016 said:


> It's business of risk management. Sometimes being rear ended isnt always cut and dry the person that hits you fault. Perhaps you drive like a grandma, perhaps you broke unexpectedly and for no reason. Some people are accident magnets. Perhaps you park like a jerk, causing someone to hit you, who knows.


Well, in this case, I was inside shopping and parked legally. The car next to me scraped the rear quarter panel on the way out, judging from the way the paint was flaking off. Never dreamed getting hit while parked legally would raise the rates when I didn't even file a claim...but yep, it sure does.

For future reference, a 6 ounce can of color-match spray paint from the OEM is only $25. That's what i use if someone scrapes the car now.


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## FLKeys (Dec 27, 2018)

Car insurance companies are trying to make a profit. They don't want to pay claims and if they do they will raise your rates. Even if they don't pay a claim they will raise your rates.


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## itendstonight (Feb 10, 2019)

p38fln said:


> Well, in this case, I was inside shopping and parked legally. The car next to me scraped the rear quarter panel on the way out, judging from the way the paint was flaking off. Never dreamed getting hit while parked legally would raise the rates when I didn't even file a claim...but yep, it sure does.
> 
> For future reference, a 6 ounce can of color-match spray paint from the OEM is only $25. That's what i use if someone scrapes the car now.


For this exact reason, I park far from everyone and further away. Worth walking more to avoid getting scrapped. But then I come back to my car surrounded by other cars even though I went out of my way to park far from other cars and the store ?


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## BigJohn (Jan 27, 2016)

p38fln said:


> Yes, I seriously doubt Uber actually cares, but being in any accident at all causes the premium they have to pay to have you as a driver to go up. Even just TALKING about being in an accident can cause your rates to go up, whether or not the insurance company has to get involved or pay out a single cent. I learned that the hard way from Progressive. I asked if I should fie a claim because someone hit me in a parking lot, decided not to when I realized that the repair wouldn't exceed the deductible and the police won't file a report on private property (I tried) and then when my insurance renewed it went up $300 every 6 months because CLUE said I was in an accident... I REALLY hate insurance companies.


Wrong, many if not all (including Progressive) insurance companies use third party services to check for accidents, driving records, legal judgments and so forth for renewals. (Progressive uses Lexus Nexus). I am sure that if you went to the Lexus Nexus site and requested your own record, you would be quite surprised at what is in there.


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## Fuzzyelvis (Dec 7, 2014)

p38fln said:


> Yes, I seriously doubt Uber actually cares, but being in any accident at all causes the premium they have to pay to have you as a driver to go up. Even just TALKING about being in an accident can cause your rates to go up, whether or not the insurance company has to get involved or pay out a single cent. I learned that the hard way from Progressive. I asked if I should fie a claim because someone hit me in a parking lot, decided not to when I realized that the repair wouldn't exceed the deductible and the police won't file a report on private property (I tried) and then when my insurance renewed it went up $300 every 6 months because CLUE said I was in an accident... I REALLY hate insurance companies.


Yeah my insurance went up after I was rear ended at a stop sign. Had it on dash cam and everything. Shows as not at fault but still hurts me.


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## p38fln (Oct 23, 2018)

BigJohn said:


> Wrong, many if not all (including Progressive) insurance companies use third party services to check for accidents, driving records, legal judgments and so forth for renewals. (Progressive uses Lexus Nexus). I am sure that if you went to the Lexus Nexus site and requested your own record, you would be quite surprised at what is in there.


What progressive does is put the report in the system no matter what, then they find it as a mysterious CLUE report when they run through the renewal process.

How do I know this? Literally no one knew about the accident other than progressive. The police refused to discuss it after finding it was on private property. There is no possible way it got in the system other than progressive putting it there when I asked them if I should file a claim. What technically happened is they started the claim, then canceled it when the agent and I discussed that the value of the damage was likely far under the deductible amount.

If I'd known they were going to raise the rates anyway I'd have argued for a new bumper...


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## BigJohn (Jan 27, 2016)

p38fln said:


> How do I know this? Literally no one knew about the accident other than progressive. The police refused to discuss it after finding it was on private property. There is no possible way it got in the system other than progressive putting it there when I asked them if I should file a claim. What technically happened is they started the claim, then canceled it when the agent and I discussed that the value of the damage was likely far under the deductible amount.


AH, now the truth comes out. Before you stated you just TALKED to some one at Progressive. Now you admit that you actually notified them about the accident, regardless of never filing a claim.

Asking some one at the insurance a hypothetical question is a lot different than giving them actual factual details.


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## FLKeys (Dec 27, 2018)

I have found it is best to get an insurance agent. I can report minor things to him and find out what the best route is to go. He does not actually report them to insurance company. If something changes I can call him up and he will report if for me. he has more leeway in reporting things later.


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## polrol (Sep 13, 2018)

Front and back cameras are a lifesaver


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## Diamondraider (Mar 13, 2017)

911 Guy said:


> I had the Vantrue N2 Pro ($149 also) hard wired at Best Buy ($55) about 8 months ago and wish I would've sooner. The only "maintenance" is removing the card or camera to archive videos.


I have the same model but I don't get a full shift from the memory card. I wish it uploaded to the cloud.



p38fln said:


> What progressive does is put the report in the system no matter what, then they find it as a mysterious CLUE report when they run through the renewal process.
> 
> How do I know this? Literally no one knew about the accident other than progressive. The police refused to discuss it after finding it was on private property. There is no possible way it got in the system other than progressive putting it there when I asked them if I should file a claim. What technically happened is they started the claim, then canceled it when the agent and I discussed that the value of the damage was likely far under the deductible amount.
> 
> If I'd known they were going to raise the rates anyway I'd have argued for a new bumper...


For everyone here, it is important to note that risk factors that trigger increased rates go far beyond "at fault" accidents.

Simple inquiry is often enough for any type of insurance to go back and review premiums.

Insurance companies try to gauge the risk/reward. If you inadvertently alert them to increased risk, they can make a record used as a basis for future premiums or even to deny coverage.

This is why personal auto insurance companies will drop you if they find you rideshare and they don't off coverage. Some will drop immediately;others will collect premiums until they deny coverage for any accident occurring with the vehicle.

Ask any homeowner that was acting responsible and lost their house insurance because they asked they broker if the trampoline they just bought can be added to the policy!


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## FLKeys (Dec 27, 2018)

Diamondraider said:


> I have the same model but I don't get a full shift from the memory card. I wish it uploaded to the cloud.


Do you have the 256GB card? If not run the BIOS update date on the camera and get the 256GB card. I get around 3 days of driving on mine. I'll have to check next time I pull the card to see how many hours of video it is.


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## forrest m (Feb 21, 2019)

jasonshadow said:


> I was parked outside of a store while my rider went inside to make a purchase. Someone pulled into the parking spot next to me and hit my car in the process. He claimed that I was backing up to his insurance company which is a lie. The store I was parked in front of checked their security camera and where I was parked is outside of the view of camera. I was parked while waiting for my rider to come out of the store so I was obviously not backing up. I have a rideshare rider with Mercury insurance but they said they only cover me while driving to pick up a ride or after dropping off a ride, not while I have a rider. They deferred me to Ubers Insurance, "James River Insurance". I was instructed that regardless of who is at fault there is a $1K deductible and given my damages were $950 I was responsible for paying for damages. I am beyond frustrated.
> 
> Does anyone know of any recourse?


 My neighbor did basically the same thing to me. She clipped the back corner of my car and just kept right on scraping around to the side corner. I was in the car when it happened. She claimed I backed into her. It was clear from the type of damage on the cars that it was her fault, but she got away with it. A couple of PI lawyers have told me told me that basically anything that happens in a parking lot is going to be No Fault. I'm about ready to glue spikes around my car.


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