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  1. #1
    Join Date
    Oct 2007
    Posts
    1

    Default No Fault Accident in a Private Parking Lot in Arizona

    We Were Backing Out Of A Parking Space In Scottsdale, Az. Before Backing Out, My Husband Turned Around, Then Looked In His Rear View Mirror. There Was A Jeep Cherakee Also Backing Out. My Husband Put His Foot On The Brake And His Hand On The Horn But She Continued And Hit Our Car. He Got Out, As Did She. She Took Her Name, Number And Asked Her For Her Insurance Info. She Said It Was At Home And To Call Her. He Was On His Way Out Of Town So Later That Afternoon I Called And Left A Message. No Return Call. Next Day, Another Msg. No Return. I Called My Husband And He Called Her. She Answered And Told Him That She Contacted Her Insurance Co. And They Stated That...because It Was On Private Property, It Was Considered "no Fault" And Each Drive Is Responsible For Their Own Vehicle. At That Point, I Contacted Our Company. Bottom Line, The Damage To Our Car Was Almost $5,000.00 And We Have A $1,000. Deductible. The Insurance Co. Contacted Her, But She Would Not Give Them Any Information. They Are Sending Her To Collection Which Does Not Get Me Back My Deductible. I Have Her Name, Address, Vin #, And Would Like To Take Her To Small Claims Court. Before I Do That I Want To Make Sure I Am Clear On Arizona Law. According To My Insurance Person, There Is No "no Fault" Statue As She Claimed. In Fact, I Don't Think She Even Has Insurance At All. I Have Been On The Web, Contacted The Police Dept, Etc. To Get The Specifc Statute Information But I Keep Running Into Dead Ends. Can You Help? Thank You.
    Fuming In Arizona

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,626

    Default Re: No Fault Accident in a Private Parking Lot in Arizona

    Quote Quoting grammie
    View Post
    We were backing out of a parking space in Scottsdale, AZ. Before backing out, my husband turned around, then looked in his rear view mirror. There was a Keep Cherokee also backing out. My husband put his foot on the brake and his hand on the horn but she continued and hit our car.

    He got out, as did she. She took her name, number and asked her for her insurance info. She said it was at home and to call her. He was on his way out of town so later that afternoon i called and left a message. No return call. Next day, another msg. No return. I called my husband and he called her. She answered and told him that she contacted her insurance co. And they stated that...because it was on private property, it was considered "no fault" and each drive is responsible for their own vehicle.

    At that point, I contacted our company. Bottom line, the damage to our car was almost $5,000.00 and we have a $1,000.00 deductible. The insurance co. contacted her, but she would not give them any information. They are sending her to collection which does not get me back my deductible.

    I have her name, address, vin #, and would like to take her to small claims court. Before i do that I want to make sure i am clear on Arizona law. According to my insurance person, there is no "no fault" statue as she claimed. In fact, I don't think she even has insurance at all. I have been on the web, contacted the police dept, etc. To get the specifc statute information but i keep running into dead ends. Can you help? Thank you.

    Fuming In Arizona
    Arizona's statutes are here. It goes without saying, though, that if a statute does not exist nobody's going to be able to find it for you.

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