Koma

iTrader: (3)

I could use some fellow CL help here. As some of you know I bought a new Scion tC in December. About two weeks ago I was out sick from work and didn't use my car that day so it was left in the private parking I rent out. The next day I see my car has a fairly large scratch from the rear wheel well to the middle of the door on the drivers side. My car obviously isn't at fault for the accident as I didn't drive it at all the previous day. The parking spot next to mine is a ZipCar parking spot where a silver Civic is parked on a regular basis. The parking spots are not assigned except for the two ZipCar spots, the other vehicle being a blue CR-V.

Let me paint you a picture of the scenario I believe to have happened:
The driver of the Civic of that day went to park the ZipCar in the spot next to mine. The row of parking spots in this lot are diagonally lined up where the driver's side of the car is inset the most. The ZipCar driver came driving the opposite direction of how you would attempt to take these diagonal spots. Because the other ZipCar had taken the other ZipCar spot already the Civic had to take a wide turn around the CR-V and in doing so hit their passenger side bumper against my driver side rear wheel well and door.

Now I filed a claim with ZipCar's insurance which was denied stating "based on our insured is denying that an accident ever happened and all the damages on our insured vehicle, especially to the passenger side front bumper, was already reported by other Zipcar members to have happened in the past." I have sent images to both my insurance and theirs of the damage. And they match up perfectly. What can I possibly do? I don't want to have to get a lawyer involved yet because that will eat up more of my time. The insurance I have is Liberty Mutual and ZipCars is Liberty Mutual commercial.

I haven't seen the Civic in a few days so I haven't been able to take more detailed pictures.

DaveGS4

iTrader: (2)

I'd try to get your insurance involved and have them pursue their corporate counterparts (otherwise they will have to pay)

Koma

iTrader: (3)

Thanks Dave. I have them already involved I'll give them a ring tomorrow as well.

I plan to take even more detailed pictures. Showing the height of the damage on the vehicles and the size.

IS-SV

Best of luck but that's a difficult one. There is a slight chance because it's a commercial Zip car, but even your insurance company will have a hard time winning this one.

GS300Rich

I agree with Dave, and if that falls through then key the hell out of the civic. jk

tex2670

You may need to push them too. I had an accident last year, with $10,000 damage to my car, and my insurance rep was a little lax in bird ******* the other guy's insurance (and he was clearly at fault). Once I finally called the other guy's insurance rep, it was resolved that day.

nabbun

lol don't you usually get screwed if the same insurance company insures both cars that are involved in accidents?

Koma

iTrader: (3)

I hope not. The other party is actually the commercial version of Liberty Mutual but regardless if two people of the same insurance collide they still need to find who's at fault and who to charge the insurance to. The person who gets screwed is the insurance company because they have to pay regardless of who is found at fault, the only difference in outcome is that one person walks away without having to pay a deductible and their insurance premium doesn't go up. I don't have to worry about my premium because my car was sitting in a parking lot, there's no way my car existing and being hit should cause my premium to go up. I do however have to worry about having to pay a deductible if the other insurance doesn't cover.

I've contacted my insurance to get an update from them. They said that they (my insurance) are still looking into the accident, if they believe that the other vehicle did cause the damage then they will chase the other insurance to take fault. So even if the other party already stated they aren't at fault does not mean I am automatically screwed. Hopefully by tomorrow I'll find out that they have found the other party at fault.

Thanks guys, I appreciate the support, I'll keep you posted.

And for those that drive ZipCars (why are you even on these boards!?! just kidding) don't think you can automatically get away with hitting a car and saying "well hey it's not my car." Although, I'm curious as to how they peg the driver with some sort of reparation. Considering they don't own insurance on the vehicle because the ZipCar is really a rental, do they now increase their ZipCar membership?