07-12-2018, 12:28 PM | #23 | |
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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, 12:41 PM | #25 | |
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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, 12:50 PM | #26 | |
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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, 01:07 PM | #27 | |
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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, 03:35 PM | #28 | |
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07-13-2018, 09:33 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.
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07-13-2018, 09:48 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, 09:50 AM | #31 | |
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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, 09:53 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, 09:56 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. Last edited by IK6SPEED; 07-13-2018 at 10:25 AM.. |
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07-13-2018, 11:16 AM | #34 | ||
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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, 11:20 AM | #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, 12:20 PM | #36 | |
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07-13-2018, 06:36 PM | #37 |
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07-21-2018, 11:40 AM | #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, 07:53 AM | #39 |
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Glad you made it to a resolution. Best of luck on the repairs.
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