So what is the exact protocol after you've been in an accident? Does it differ between a major wreck and a minor parking lot fender bender? Are both parties supposed to trade information...or if one party claims responsibility and only gives (not receives) information, does that mean he claims full financial responsibility? I ask because my mom got into a minor fender bender in a parking garage. She was late to work, and the guy hit her backing out of his parking spot onto her left front wheel well. She was obviously very flustered (being late to work on top of being in an accident), as was the man who hit her. He said that it was completely his fault, he had boxes obstructing his vision, and that he would take care of everything. After he gave her all his insurance information (they did not exchange info), they parted ways. No cops, no security guards, and I believe no other witnesses. Now his insurance company is claiming that it was my mom's fault and so no compensation will be awarded. Is this fair? Is there anything we can do? What is the proper protocol for (heaven forbid) next time ?
It'll be up to your mom's insurance company to subrogate and all that with the other insurance company. Best thing to do is take a picture with your camera phone. Being that he backed into your mom's car it'll be obvious from the way the damage is who's fault it is.
I always thought that an accident on private property was considered "No fault". I backed into someone in a parking lot right after I got my license, and called the cops... they wouldn't come out to the scene and told me it didn't matter who hit who. In short, I have no idea.
I don't think it's a No fault. I think it's that the cops have no jurisdiction (at least for non-criminal stuff) on private property.
I agree with Yonkers that your mom should leave it to her insurance company to deal with the opponents. I'm not familiar with the regulations in States but is it mandatory to buy full coverage insurance in States? In my country, if your car was not on loan, you do not need to buy a full coverage insurance hence you probably won't able to claim your insurance company the repair cost and Yonkers' suggestion won't apply. I thought every car park should have cctv (surveillance cameras) installed so your mom may request video tapes from the car park for evidence. Good luck anyway.
They can only subrogate if the other carrier will accept liability, which they haven't. And since the damage is minor, her carrier isn't going to invest resources in a legal fight.
