Claim with the other insurance

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Nov 25, 2012

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Insurance Question from Delray Beach, FL

Asked on 11/25/2012

Claim with the other insurance I got hit in a parking lot while backing up I saw another car starting to back up, I stopped but she came in reverse and hit me. Made a delayed accident report. Should I provide this to her insurance co. With my claim?

Answer given on November 27, 2012

Parking lot accidents, when both cars are backing up, usually result in both insurance companies paying for the damages to their own insured’s cars. No one is satisfied with the settlement of these accidents because of this.Even though you stopped when you saw the other car backing up, you were still partially at fault for the accident. You can file a claim with the other person’s insurance company, but after they get the other person’s statement they may deny coverage and tell you to file with your own insurance company.If you file with your insurance company, your deductible will apply. They may try to get reimbursement from the other insurance company, and if successful you will get your deductible back, but you may have to settle for what you get from your insurance company. You may also find that the other company will try to subrogate against your insurance company, but they probably deny their claim.

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