Legal Question in Traffic Law in North Carolina

Lady Backs up into me in a Parking Lot, Admitted responsibility to Me, but not t

I pulled into a parking lot that has a road within it. A van going the opposite direction stops at a 1way stop sign. A woman in the car infront of me stops after she passes the van to talk to the driver. I stop. Then she backs up to get closer to the van and hits me. The result is $600 in paint damage. She gets out of the car and admits she was in the wrong.

I call the police, they come and look at the vehicles. They do not write a report since the damage is under $1000. I get the ladies insurance info and call them.

I get a note from the insurance company about 10 days later saying that the driver of the car infront of me was rear ended by me. They are refusing to pay out because it is my word vs her word. I did have a passenger in my car at the time, but that meant nothing to the insurance co. I BELIEVE that she even admitted to the police that she was at fault, which may be why no accident report was written.

It seems evident that I have to sue to reclaim damages to my car. The question is who do I sue? The lady driving the car infront of me, or her insurance company? I am looking at small claims court in Charlotte, NC.


Asked on 7/24/02, 3:53 pm

1 Answer from Attorneys
Paul Herzog Paul F. Herzog, Attorney-at-Law, P.A.

Re: Lady Backs up into me in a Parking Lot, Admitted responsibility to Me, but n

This is not a criminal law question. This question involves a matter of civil liability, and should be addressed to a practioner on a civil bulletin board such as auto torts. Please forgive me, but I do not feel comfortable renedering an opinion outside my field of concentration.

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Answered on 7/24/02, 8:50 pm


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