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      07-12-2018, 01:28 PM   #23
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Quote:
Originally Posted by IK6SPEED View Post
If a car backs into you, as was the case here, that argument would be virtually impossible. Furthermore the entrance and exit would be considered the primary access of which OP states they were on. The other driver BACKED INTO the primary access (I assume) from the gas pumps.
EXACTLY.

This comparison of a road vs. a parking lot or private land is silly. It is true that there may not be posted speed limits in a parking lot (but some actually do), and there may be some areas of parking lots, private driveways, or other private streets where it's unclear who had a right of way--and in THOSE instances, the insurance company may have difficulty assigning fault. But if you back into a parked car, blow through a stop sign, or drive 75 miles an hour in a private parking lot, it's pretty clear who is at fault.

It has nothing to do with private vs public areas.
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      07-12-2018, 01:39 PM   #24
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nevermind
misread the OP's post

liability may be contested as both cars were moving
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      07-12-2018, 01:41 PM   #25
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Quote:
Originally Posted by IK6SPEED View Post
If a car backs into you, as was the case here, that argument would be virtually impossible. Furthermore the entrance and exit would be considered the primary access of which OP states they were on. The other driver BACKED INTO the primary access (I assume) from the gas pumps.
I guess I don't see where the OP said he was at the entrance/exit. I only saw where he said he was exiting the pump (not the station).

Still like to know if I missed somewhere that sister is even aware of any of this.

All of us internet forum degree lawyers can argue all we want (based on information from a single source, no less). Aside from offering opinions and sharing previous experience, it doesn't change much.
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      07-12-2018, 01:50 PM   #26
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Quote:
Originally Posted by Coercion Shaman View Post
I guess I don't see where the OP said he was at the entrance/exit. I only saw where he said he was exiting the pump (not the station).

Still like to know if I missed somewhere that sister is even aware of any of this.

All of us internet forum degree lawyers can argue all we want (based on information from a single source, no less). Aside from offering opinions and sharing previous experience, it doesn't change much.
Just as rear end collissions are fault of rear driver following too closely, someone backing into another driver follows the same logic. If both drivers were moving forward, depending on location, you might have a argument.

It is the obligation of a car in reverse to make sure there is nothing impeding safe movement.

And I agree with you OP has avoided telling us what his sister, who’s car he was driving, wants....or if he has even informed her.
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      07-12-2018, 02:07 PM   #27
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Quote:
Originally Posted by IK6SPEED View Post
Just as rear end collissions are fault of rear driver following too closely, someone backing into another driver follows the same logic. If both drivers were moving forward, depending on location, you might have a argument.

It is the obligation of a car in reverse to make sure there is nothing impeding safe movement.

And I agree with you OP has avoided telling us what his sister, whos car he was driving, wants....or if he has even informed her.
If the other driver was backing into the pump area from around the front of it (as everything else was full) and he pulled out from a pump and began moving...

Again, I'm just saying we have limited information at best.

No more opinions from me until the OP clarifies some things and advises if the sister is aware. She may be and told him to figure out a way that this isn't costing her anything for all we know. Or he may be looking for a way to tell her it is all handled already when he does inform her. Worst yet, he may be looking for a way to fix this before her return and never tell her.
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      07-12-2018, 04:35 PM   #28
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Quote:
Originally Posted by Coercion Shaman View Post
I guess I don't see where the OP said he was at the entrance/exit. I only saw where he said he was exiting the pump (not the station).

Still like to know if I missed somewhere that sister is even aware of any of this.

All of us internet forum degree lawyers can argue all we want (based on information from a single source, no less). Aside from offering opinions and sharing previous experience, it doesn't change much.
None of us were there, and none of us know all the facts. But the blanket statements that insurance companies just split fault when an accident occurs on private property is just not based in any fact--if an insurance company has enough facts to figure out who is at fault, you better believe they are going to assess fault (unless the accident occurs in a no-fault state). I think that's where this discussion took a turn.
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      07-13-2018, 10:33 AM   #29
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My sister knows everything. In fact she is dealing with the other parties insurance as well daily. We both want to deal with this simply and easily. If it comes to joint liability, I will pay my share since I was driving the car but I am hoping that's not the case.

Adding the photo of the damage and a rudimentary diagram. I was exiting out as she backed up into me.
Attached Images
  
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      07-13-2018, 10:48 AM   #30
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That seems like a simple fix in my opinion, given the option I would have repaired it outside of insurance.

1. I would have pulled out the dent and buffed it out and possibly use some touch up paint.

2. Purchase a new fender and install it myself. A new fender is cheap and the installation is relatively simply.

Obviously its too late at this point.
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      07-13-2018, 10:50 AM   #31
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Quote:
Originally Posted by Animal Farm View Post
That seems like a simple fix in my opinion, given the option I would have repaired it outside of insurance.

1. I would have pulled out the dent and buffed it out and possibly use some touch up paint.

2. Purchase a new fender and install it myself. A new fender is cheap and the installation is relatively simply.

Obviously its too late at this point.
Plan is to go to a body shop this weekend and see what kind of costs I'm looking at.

This might end up being the route I go but I wanted to see what the other ladys insurance is going to do especially cause I thought it was entirely her fault.
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      07-13-2018, 10:53 AM   #32
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Great that your sister is aware. Wasn't being accusatory. Just understanding.

So she was backing out of a parking spot in front of the store and you were pulling away from the pump and moving left behind where she was pulling out as there was a car to your right? Was that car waiting for her parking spot, waiting on her in consideration, or waiting on you? Was she in motion already and you pulled into her pathway?

Seems you should have seen her motion to have her hit where she did unless you were in motion and then stopped. Did you have to pause in pulling out for some reason that stopped your vehicle behind her? Was there a large vehicle in the space to her right to cause visibility issues in pulling out?

These are the things (and more) the insurance company might ask to determine fault.
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      07-13-2018, 10:56 AM   #33
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The fender and the wheel - or was wheel like that previously?

Anything else?

What year/ model BMW and what is BMW paint color?

I’d personally get a new OEM fender which can be found for under $400. After market fenders are always a challenge to get openings to fit evenly all the way around.

The problem you will find with repainting the fender is by going the cheap route, you will probably never get the color correct and the door will need to be blended to match the fender.

Have it painted at great place, using extra test panels, to where the match is spot on and no need to blend door.

The wheel can be refinished for $250 or less. You can find one already refurbished for less than $200.

Either way, you need mounting, balancing and probably alignment.
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Last edited by IK6SPEED; 07-13-2018 at 11:25 AM.
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      07-13-2018, 12:16 PM   #34
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Quote:
Originally Posted by Coercion Shaman View Post
Great that your sister is aware. Wasn't being accusatory. Just understanding.

So she was backing out of a parking spot in front of the store and you were pulling away from the pump and moving left behind where she was pulling out as there was a car to your right? Was that car waiting for her parking spot, waiting on her in consideration, or waiting on you? Was she in motion already and you pulled into her pathway?

Seems you should have seen her motion to have her hit where she did unless you were in motion and then stopped. Did you have to pause in pulling out for some reason that stopped your vehicle behind her? Was there a large vehicle in the space to her right to cause visibility issues in pulling out?

These are the things (and more) the insurance company might ask to determine fault.
As I was pulling out of the pump at a very slow speed (creep 0-3 mph), and was within line of sight of her vehicle, she reversed into the fender. I beeped numerous times to let her know but she reversed. I could not proceed forward or back because this isn't a huge parking lot, speeds are low, and there was a car behind me (I don't recall exactly what was ahead of me, but either way, the speed at which she backed up, coupled with the very small distance between her car and mine, there's no way I could have accelerated fast enough forward to avoid her hitting some part of the vehicle).



Quote:
Originally Posted by IK6SPEED View Post
The fender and the wheel - or was wheel like that previously?

Anything else?

What year/ model BMW and what is BMW paint color?

Id personally get a new OEM fender which can be found for under $400. After market fenders are always a challenge to get openings to fit evenly all the way around.

The problem you will find with repainting the fender is by going the cheap route, you will probably never get the color correct and the door will need to be blended to match the fender.

Have it painted at great place, using extra test panels, to where the match is spot on and no need to blend door.

The wheel can be refinished for $250 or less. You can find one already refurbished for less than $200.

Either way, you need mounting, balancing and probably alignment.
Wheel was like that previously. Curb rash. Lady just hit fender. No paint damage. 2014 328i xdrive, gray.

Ideally, I would like insurance to cut a check, we get the fender fixed for cheap. My sister pockets the money or buys new wheels.
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      07-13-2018, 12:20 PM   #35
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You should be pretty set on arguing with the insurance then. And excellent it wasn't worse.

Let us all know how it plays out.
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      07-13-2018, 01:20 PM   #36
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Quote:
Originally Posted by bahasad View Post
As I was pulling out of the pump at a very slow speed (creep 0-3 mph), and was within line of sight of her vehicle, she reversed into the fender. I beeped numerous times to let her know but she reversed. I could not proceed forward or back because this isn't a huge parking lot, speeds are low, and there was a car behind me (I don't recall exactly what was ahead of me, but either way, the speed at which she backed up, coupled with the very small distance between her car and mine, there's no way I could have accelerated fast enough forward to avoid her hitting some part of the vehicle).


Wheel was like that previously. Curb rash. Lady just hit fender. No paint damage. 2014 328i xdrive, gray.

Ideally, I would like insurance to cut a check, we get the fender fixed for cheap. My sister pockets the money or buys new wheels.
If truly no paint damage, I wonder if it could be knocked out at one of the better dentless repair centers. Pretty big are though. I just am unaware how big an area they can actually do.
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      07-13-2018, 07:36 PM   #37
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Originally Posted by vooonoo View Post
Well you're not on her insurance so you can't report it or they'll drop her, unless you use your own insurance
Good call!
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      07-21-2018, 12:40 PM   #38
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So update: after sending photos/videos to the insurance company, they have estimated about $1800 in cost which they will send us a check for. I think that's more than fair, now it's time to get the car fixed.
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      07-23-2018, 08:53 AM   #39
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Glad you made it to a resolution. Best of luck on the repairs.
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