At fault rule determination in parking lot fender bender


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navin2004   
Member since: Jan 04
Posts: 102
Location: Toronto

Post ID: #PID Posted on: 10-01-12 10:51:27

Fellow CD's,

Need some advice.

I noticed yesterday that someone had scruffed/dinged by mini-vans front bumper on driver side. I don't drive this vehicle everyday. Last I drove was a week back and recalling where all I parked, all I can think of it someone might have done the damage when it was parked twice in front of some friends house we were visiting.

I have never had an accident before, so had to read up a bit on when to report to police. Looks like if the damage is under $1000 and no property or person has been caused a harm, you do not report to police.

http://www.theglobeandmail.com/globe-drive/car-tips/its-covered/what-to-do-about-that-fender-bender/article1384641/

I have $0 deductible on both Comp and Collision, but am worried how insurance companies determine who is at fault.

The Fault determination rules text does not tell much about who is at fault when you are not there to witness damage being done to your parked car.

http://www.insurancehotline.com/at-fault-rules/

I am pretty pissed that this happened, because such a thing happened to the rear bumper of my other vehicle, which is an older car, so I never bothered calling insurance company.

But this mini-van is newer and I just got it 1.5 years back.

Advice ? Should I call insurance company and not worry that my rate will go up or should I just shut up and put up with this as it is a cosmetic damage. It is not a dent or anything, but pretty badly scracthed and paint/plastic peeled on a large area of the bumper.



bhootnath   
Member since: Mar 11
Posts: 969
Location:

Post ID: #PID Posted on: 10-01-12 11:09:25

If you call the insurance company:
1) It will go on record no matter whose fault they determine. None of the insurance companies like claim no matter whose fault it is.
2) Since it goes on record, it may as well get listed as vehicle with accident in its history which of course is not good for resale.
There are A**holes who damages the vehicles and run away....Although it is frustrating I would just suck it up and keep quite.



BlueLobster   
Member since: Oct 02
Posts: 3409
Location: Mississauga

Post ID: #PID Posted on: 10-01-12 11:18:30

Depends on the insurance company you are with (and maybe and expert in the field could clarify), but I would at least call up the agent (if you have one) or the insurance company and ask what they suggest in this case without "officially" reporting the incident.

I believe different companies handle these types of payouts slightly differently, so might be best to let them know estimated repair cost and ask straight up if your premium will increase if this is processed through insurance, despite it not being your fault. Make sure you get information of agent you are speaking with for confirmation if an issue arises later.


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Desi # 1   
Member since: Dec 03
Posts: 1420
Location: Mississauga

Post ID: #PID Posted on: 10-01-12 11:34:41

Here what happened to my neighbor who was in similar situation.

His SUV door was banged by somebody reversing on the street. No one saw and driver of other vehicle vanished.

They called the insurance who treated it as hit and run case/vandalism. Insurance asked them to report the damage to the police. Insurance Co fixed their SUV under no fault determination. BUT they had to pay $300 as deductible although they had $0 deductible. Nowadays, under no fault determination you are required to pay $300 even if your deductible is $0 (new rules put in by Ontario Govt).

Their door had to be replaced so it was worth them to pay $300.



Iceberg   
Member since: May 05
Posts: 919
Location: GTA and beyond

Post ID: #PID Posted on: 10-01-12 11:34:53

I has similar issue a few months back. The passenger side bumper was badly scratched and paint had peeled off. I was advised NOT to call the insurance company. How do they determine it was hit and run... no witnesses.

I got the area done up and repainted on my own.



navin2004   
Member since: Jan 04
Posts: 102
Location: Toronto

Post ID: #PID Posted on: 10-01-12 14:26:20

Well sometime after I posted here, I called the insurance company and opened a claim. The person who opens the claim is not licensed to tell if it will increase my premiums. She said i have to take the car to an appraiser first and then an adjudicator will tell what to do next.

She did not say anything about having to pay a deductible even though I have zero deductible. She did check what ded I have and said as you have $0, that is good.

The way I thought about it that if I am paying for insurance, I need to put a claim in with good faith. What is there is another big damage(god forbid never) and that time I have to go to them and they find this previous damage, they will put the blame on me for that and not pay. She did ask me even for todays claim if there are any other unreported damages as I think that is the standard procedure.





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