I have question for claim an accident. I live in Arkansas. In Feb. 24
2:20 pm, I was in accident in the parking lot in front of my
apartment. When I backing out of my parking spacing, about 1/3 my body
of my car was out of parking space, I checked again if there is car
coming. I saw other car coming. It was about 80 meters far from my
car. I was stopped to wait if other driver would stop. From the
window, I can see her (other driver) was not pay attention when she
was driving. She was digging around the floor while she driver. The
speed limit in the area is 10 mile, but her car still hit right back
side of my car without stop her car. After she damaged my car, she
said sorry about the accident. She said that she have to go to work.
And then she left her contact information to me and then she went to
work. She said she would print her insurance information to me after
she back from work. I accepted her request at that time. I know it is
my mistake that I did not call police immediately. I reported the
accident at 4:00 after when I back from class. At 7:00, we exchanged
the insurance information in the police department. The police said
because the area, where I have accident, is private property, he is
hard to determine who is fault. The police want us to contact our
insurance company. No body got ticket for this accident. After that,
she changed her tongue said that I was on her way when she drive.
Recently I reported the claim to other driver?s insurance company. I
received the letter from the adjuster of other driver. It says ?Thank
you for your time in this matter. I complete my investigation of this
accident. It appears that both drivers claim the other driver to be at
fault in this accident. It also appears that our insured would have
had the right of way in that parking lot and you failed to yield that
right of way as you were backing out of your parking space. This
accident appears to be caused by your negligence and not our insured.
With that being the case I regret that I must respectfully deny your
claim for property damage and any other claims that you might present
against our insured for damages that resulted from this accident?
What should I do? She admitted that is her negligence when she hit my
car, but now she change what she said. Should just I accept this
result or there is something I can do for my damage.

Dear roye-ga;

Thank you for allowing me an opportunity to answer your interesting
question. To give credibility to what I am about to tell you, let me
first say that I have been in the law enforcement profession in
Arkansas for more than 20 years.

You said ?I know it is my mistake that I did not call police immediately.?

This is not necessarily true. As you found out the hard way, in the
State of Arkansas, unless some other crime has occurred (DWI, assault,
hit-and-run, etc.) all motor vehicle accidents that occur on private
property are CIVIL matters, not CRIMINAL matters. What does this mean?
It means the police would not have been obligated by law to
investigate the accident even if you had called them. It also means
that if you do not agree with the ?investigation? supposedly conducted
by the other party?s insurance company you can file a civil claim in
small claims court for the damages to your car. A date will be set for
the hearing and both of you will tell your story to a judge (and
possibly a jury) who will then decide who was at fault. As a rule,
this is the way civil cases are settled.

I recommend you recreate your accident by parking your car in the
exact place it was just prior to the collision and, with the help of a
friend perhaps, take some good clear photos or video footage of the
area. Be prepared to cite measurements, times and climate conditions
for the day in question and bring any witnesses who might have heard
the other party admit guilt.

Some police agencies allow their officers to work off duty in a
variety of capacities. You might inquire with the police department if
an officer is willing to investigate your accident as a private
accident investigator. If you have no luck, a private investigation
agency in your area may have an accident investigator who is willing
to take the job for a fee.

The bottom line is, you don?t have to accept the other party?s
insurance investigator?s word for how the accident occurred and who
might be at fault. It is not uncommon for the adjustor (who is
normally NOT a qualified accident investigator, by the way) to side
with his company?s client; in fact, in many cases his job is to find a
way to prove YOU wrong (which is what this guy seems to be doing in
this case).

First, report the incident to YOUR OWN insurance company so your
adjustor can make his own assessment of the damage/accident. Contact a
private accident investigator if necessary and get an independent
report from him certifying what happened and who was at fault. If the
private investigator doesn?t automatically do it on his own, take your
own photos and measurements as evidence. Then contact your local court
clerk and find out about how to file a civil claim (the filing fee
will probably be about $35.00).

Be assertive ? don?t let this guy walk on you. This is America . . .
If you don?t think you are wrong, you don?t have to be forced to admit
guilt no matter what the other guy says.

I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise, I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad ? Google Answers Researcher

---

Request for Answer Clarification by roye-ga on 13 Mar 2005 20:43 PST

Where I can find private accident investigator? If I fill civil claim,
what would happen in the court. What I need to do after judgement? In
the area of my apartment, the speed limit is 10 mile. I had tried that
it took about 5 feet to stop my car in speed 10 mile. When she hit my
car, her car still moving and she park her car about 30 feet far from
my car. I don't know how fast she drive, but I felt she was driving
fast and saw she was not pay attiention while she driving. However,
she changed her tongue said that my car was on her way and because I
backing out so she hit my car. Can I assume that she was speeding if I
talked to the judage in the court? Actually, I am not good to for
speaking. Can I write the statement of accident to judage or I can go
to find a attorney to represent me? How much would the attorney cost? 
Thank you.

---

Clarification of Answer by tutuzdad-ga on 14 Mar 2005 07:12 PST

?Where I can find private accident investigator??

Private investigators, accident investigators and accident
reconstructionists are fairly easy to find on the internet and in your
local telephone directory. You might also start by contacting the
Arkansas Association of Professional Private Investigators (APPI) to
see if they can give you a referral or make a directory accessible to
you so you can choose an investigator nearest you.

Arkansas Association of Professional Private Investigators
http://www.aappi.org/

?If I fill civil claim, what would happen in the court.?

Basically the court will decide, based on the evidence presented, who
is at fault in the accident. In some cases where a court cannot
establish who is entirely at fault, the decision might be divided
responsibility (i.e. Driver #1 is 30% at fault while Driver #2 is 70%
at fault). This usually provides the insurance companies a basis for
how much restitution each is obligated to compensate the other for.

?What I need to do after judgement??

Normally, in a civil case involving a vehicle accident the insurance
companies will settle according to the responsibility established by
the court.

?In the area of my apartment, the speed limit is 10 mile. I had tried
that it took about 5 feet to stop my car in speed 10 mile. When she
hit my car, her car still moving and she park her car about 30 feet
far from my car. I don't know how fast she drive, but I felt she was
driving fast and saw she was not pay attiention while she driving.
However, she changed her tongue said that my car was on her way and
because I backing out so she hit my car. Can I assume that she was
speeding if I talked to the judage in the court??

I think you have a very good point there with regard to speed and
distance but keep in mind that a shrewd attorney might be able to
discredit your claim if you have no professional background in this
area. Other issues come into play in the calculation of speed and
stopping distances such as the weather, time of day, kind of car, how
old or new the car?s tires are and the composition of the roadway
(drag factor) just to name a few. As I said though, I think you have a
valid point and it would certainly do no harm to bring the issue up in
court.


?Actually, I am not good to for speaking. Can I write the statement of
accident to judage or I can go to find a attorney to represent me??

Normally a court will not allow a person to write out his testimony
because there will be questions in open court that need to be answered
under oath. You can indeed get an attorney to represent.


?How much would the attorney cost?? 

It depends on the attorney. Some are $50-$100 an hour. Others charge a
flat fee. Others still offer to their clients the promise that ?We?ll
win your case or there?s no fee?.  I recommend you contact the
Arkansas Bar Association for a recommendation suitable for your
purposes.


Finally, let me say this: my understanding, based on what you have
told us, is that the accident is relatively minor. At some point you
are also going to have to weigh the cost of accident against the cost
of filing a civil suit (attorney, investigator, etc.). Defending
yourself in a civil case can be quite costly and may exceed the actual
damages of the accident itself.

I hope I have answered your additional questions sufficiently. 

Good luck;
Tutuzdad-ga

---

Request for Answer Clarification by roye-ga on 14 Mar 2005 19:50 PST

If I want to find a attorney to represent me, should I contact
attorney before I fill civil claim or after I fill  the claim?

---

Clarification of Answer by tutuzdad-ga on 15 Mar 2005 06:42 PST

If I were in your position and I was planning to hire a lawyer to
represent me, I'd definitely contact the lawyer prior to taking any
legal action. The simple explanation for this is that there is no
reason to uncecessarily risk your case if you are planning to hire a
lawyer anyway. In other words, if you plan to hire a lawyer, it's best
to hire him at the beginning and let him do everything, then bring him
onto the scene later.

I hope this helps to clarify my original answer and I look forward to
your final rating and comments.

Regards;
tutuzdad-ga

Thanks for your answers, I get some ideas for what should I do