Cyclist hit my car at parking lot!!!

[miata007]

Hi everyone,Eventhough I no longer own a Q but would still like get feedback/comments on last nite accident at Walmart parking lot.

Last nite at 9pm, after shopping at Walmart, we (wife and I) were driving by the front door of the store towards exit. Saw some pedestrians crossing so I slowed down and stopped to yield in a safe manner. Few second later (more like 5s), something hit the back of my car. I thought a shopping car has hit me. Turns out was an adult cyclist on ipod.

His bike caused few dents and scratches to the rear door of 3 weeks old Nissan cube. In addition, his forehead hit the stop of the door. He wasn't wearing a helmet either. I've checked with him to see if he is ok and the response was yes. Definately there are few bruises on his side. Part of his bike got some bent parts as well.

I took down his name, #, address, license#, DOB. I also provide him my name and contact info (only). 30 minutes later I got home and called up my insurance to file a claim. Eventhough I have full coverage on my car, I may still end up with paying a deductible ($500) since the other party involved was in cyclist.

I am beginning to have more concerns now. What if the guy decided to turn around and sue me for personal injury? There were plenty of people during the accidents but I didnt' ask anyone to be eye witness. To be honest with you, most of the shoppers there wouldn't care less. Basically would be his words against my words. Because my car was in front of the store, I am hoping there are store camera to capture the accident.

Another thing I should have done is to call the police immediately to file a report. I am planning to file one today. Do you thing it matters?

Any advice in how I can sue the cyclist for the damage? I hope my insurance would not go up because of this.

Thanks a bunch!!!007

[Q451990]

That's what you get for angering the Q gods with your cash for clunkers trade in!

If the paint isn't damaged beyond buffing, I think I would find a good "dent wizzard" guy through your local dealership. Even if you're opening a can of worms, I would be mad enough to try to hold him accountable. What a Dumba$$.

If you're going to pursue this, you need to advise the store's security office that you want them to review the recordings now. They don't save them forever. You will probably have to subponea the recordings if you want to actually view them... we dealt with this when my wife left her purse in a shopping cart. The cart "roundup guys" conveniently took the night off a few minutes later, probably with her $40 in cash she just got at the register for beer money. Amazingly enough they didn't have anything on tape.

If there's a tape and it clearly shows that you're not at fault, I would go for it... that should be enough to protect you from some sort of countersuit for injury.

Heath
Modified by Q451990 at 1:12 AM 8/5/2009

[maxnix]

Since it occured on private property, the police will not be interested unless there was a criminal act involved.

Anyone can sue anyone, so be prepared and record your notes while the event is still fresh. Any camera with you, even a cell phone with flash?

[miata007]

Dang!I should have used my cell phone to atleast take some pics that nite.

Regarding to cameras, I did check with Walmart mngr that they do have recording avail if only request by police. The recording they have will be here "forever" whatever that means.

Spoke with my insurance rep this morning. Most likely I will have to fork out $500 for deductible as he doesn't think this young man has much money for the insurance co to go after.

I will go so upset if the guys counter sue. I should have gather eye witness the immediately when I get off the car instead of check if the cyclist is ok.

My car has couple dents (long lines) and scratches due to the handle bar and his forehead. Needs new paint for sure.

007

[MinisterofDOOM]

Since it occured on private property, the police will not be interested unless there was a criminal act involved.

I've heard a lot of people say this, and it's not true.The only reason I bother to contradict you is because I've had it bite me in the a** before.I was in a 7-11 parking lot, and some moron backed RIGHT INTO the side of my car. He didn't stop when he hit my car, either, he kept going enough to lift that side of the car a couple of inches. Then he had the GALL to tell me that my car was fine. That's the commonality I've had with EVERY person who has ever hit me: they all tell ME my car is fine. Unbelievable.At any rate, there was "conveniently" an officer in the 7-11 buying coffee and donuts. He came out, saw what happened, and made a hasty attempt to avoid having to deal with it. The guy who hit me asked if we should report the accident (obviously hoping for the answer "no") and the officer indeed said no, we should not bother, since it happened on private property. I got the guy's info...problem is he was driving a rental (which was 100% unscathed) and was from Florida.I ended up second-guessing the officer's recommendation and drove to the local police department, where was I was told that I absolutely should have reported the incident to the police. When I told them what the officer had said earlier, they told me he should NOT have told us that, and asked me if I could remember his name or what force he served on (UHP, city PD, etc.). Of course I couldn't, so none of this went anywhere. I never got justice for my car being hit, and my otherwise very well kept Maxima now has scratched paint and a slight dent on the passenger side doors and a slightly bent b-pillar.

[miata007]

When I drop by the police station on the day after the accident. The police did specifically told me no police report would be filed on pvt property unless bodily injury is involved. I am in CA.

On my case, I should have called the police though since his head did slam into my car to create dent. Just because of that should be enough for the police to come out.

Atleast we have full coverage insurance and everyone in my car is ok! Just need pay the $500 which is tough as we are now single income family due to the economy.

Anyhow, just do everything to protect yourself next time. I would consider coming up with a to do list and leave it in each car because you will forget what to do the next time things happened.

007

[Q451990]

Is the dent something that can't be rubbed out by one of those "dent wizzard" guys? If the paint isn't scratched beyond buffing, those guys can do some real magic. Probably for way less than $500. I had a nasty gash rubbed out of the G that was there when we bought her (from hurricane damage in the dealer's parking lot) that was removed for about $150. It's not absolutely perfect, but only I know it's there... looks like a little bit of orange peel in the paint. I was told this would be the case before they started, since the metal had stretched slightly.

Seriously... if there's no paint damage, or it's minimal and you're weighing having aftermarket paint vs. a minor scratch in your factory paint - I would investigate paintless dent removal. Feel free to post a pic. if you want my "professional" opinion.

Heath

[miata007]

There are paint damage all the way down to the metal. The handle bar of the mtn bike caused it. I am pretty sure dent removal job won't work. I have used those service and familar with what can be fix/not.

Got an estimate yesterday. Came out to be little bit over $1500. The door will be repaired. Majority of the cost will be removal of components for painting. I've tried asking them to help with my deductible ($500) and explain them the situtation. They will help $100 so I will still have to put out $400.

I will try few me body shops to see if one can help me more with the deductible.

007