Car struck while parked on street (Jacksonville: HOA, insurance, home)

[mleeth]

I changed my motor oil in my garage yesterday afternoon, and backed my car out of the garage and parked the car on the street directly in front of the driveway. I was careful to park the car on the curb, as to not obstruct the road too much. There are many cars in my neighborhood who park in the street, including a police officer a few doors down. It was parked in the street for no more than an hour or two. Ironically this is the first time I'd ever parked in the street for any period of time.

Just my luck, the neighbor across the street struck my vehicle while backing out of his driveway. Him driving a four door F-150, and me driving a two door coupe... he has a scratch on his chrome bumper and I have completely smashed in door and broken passenger glass. When they knocked on my door and let me know, and I expected minor damage. I was wrong. I told them I am going to file a police report so insurance will take care of it, but they have offered to pay for all damages related (new door, paint, glass, retinting front two windows). They do not want to file a police report because, of course, the driver only has an international driver's license (and does not speak english). Knowing I have some time to file a police report, I will give them the benefit of the doubt. I'm going to get an estimate today but I assume its at least a few thousand.

My ultimate question is regarding a comment made by a third party. She stated a similiar situation occured in the neighborhood a while back, and the person parked in the street was ticketed as well, but for being illegally parked in the street. I accepted what she said at first, but upon some preliminary research, I can't find anything in jacksonville code backing this up.

As far as I know, it's not illegal to park in the street in most neighborhoods so long as it does not prevent its use by other drivers. HOA's can ban it but it is only actionable by the HOA in a civil matter (not ticketable by the police). Is this true in Jacksonville?

[travelingfood]

That police report is your ONLY insurance against 'he said she said.' situation. Because there's a chance that by tomorrow, they'll fix their chrome bumper and can flat out deny anything. Office will ticket the person at fault, and if your car was illegal parked, it will be ticketed as well, but it's a small price to pay. Moving violation>parking violation.

Will this result in bitter neighbor relationship, sure it will.

[KerryB]

I'd be careful since they're your neighbor. Just because a police report is filed doesnt mean you will get your money. They probably dont have insurance if I was guessing.

Accidents like this suck. I've been in several & it was always someone hitting me then coming up with a sob story as to why they didnt wanna do a report. Both times the party actually paid me outta pocket, so it worked out. But still, I'm lucky.

I'd get an estimate ASAP & tell them if they cant pay a good majority of it now & a signature saying they agree to pay the rest at a set time, you may have to get the police involved.

[mleeth]

I got the estimate today from Coggin Chevy Collision (since Coggin Toyota nearby does not have its own body shop). $2.2k, actually not as bad I thought it could have been. They are OK with the estimate and offered to drive to/from school, although it wont be necessary. When I got home they asked if I wanted to get another estimate from one of their friend of a friend's shop sort of deal (10 miles away), but I declined because (1) too far away (passenger glass will likely fall if I hit one nasty bump) and (2) I want it from a dealership since I would generally trust them over a collision repair sort of shop.

I'll update if anything changes the situation, but it looks as though they are going to take care of it. Now I can only hope the repairs are well done...

[FLPL75]

Please please file a police report
Don't you watch People Court !!!! A large percentage of the cases are "Well he asked me not to file a police report he would pay and look where they end up.
If he doesn't have insurance he will get a ticket

If your neighborhood is not gated the streets are public and you can park on them. The only way it would be illegal is if your parked facing the wrong way or to close to a cross street.

We had one of our neighbors hit our outside wall and post last week while talking on the cell phone he also took out a speed limit sign and his bumper came off . Folks have said they saw him but when I called the property manager to see "what happened" he said they have no idea who did it. Seems the neighbors who saw it haven't come forward. If they don't the repair will come out of our HOA money which means we all will be paying for this idiots damage.
The sad thing is he has lots of money and will probably get his car repaired without going through the insurance.


edit:
we were posting at the same time
I am glad you declined the offer of using their friend
Do not take the car in until they have paid you It would not hurt to type something up and have them sign it. Give them a day or 2 to come up with the funds if not tell them you have to file the report.
You also want to call your insurance company you can ask questions with out giving your name. BTW If you were not in the car you are not charged with the accident. It comes under comprehension. Ask if there is any way you can record the incident just to CYA

[jbm32206]

I agree, a police report needs to be filed. I also agree, that unless you have the money in your hand and I'm not talking about a personal check (money order or cash only) then don't rely on their word. There's a reason why they don't want this to hit their insurance...think about it.

Unless there's signs posted for no parking, then you have every right to park your vehicle on the street. Unless of course, you were parked illegally while on the street.

[riveree]

Originally Posted by jbm32206

I agree, a police report needs to be filed. I also agree, that unless you have the money in your hand and I'm not talking about a personal check (money order or cash only) then don't rely on their word. There's a reason why they don't want this to hit their insurance...think about it.

Unless there's signs posted for no parking, then you have every right to park your vehicle on the street. Unless of course, you were parked illegally while on the street.

I totally agree. $2200 is a good chunk, if you don't have it in hand already, there's a good chance you never will.

Without a police report, your insurance company can't go after theirs. You'll never get the money in small claims court. You might win the case, but then it's up to you to collect. You have a much better chance getting money from one of the insurance companies.

Filing the police report is the prudent thing to do to protect your interests. Your neighbor can still pay you the money and you don't have to call the insurance company. Give them a deadline for the cash (24-48hrs max).

[R1v3rRat]

I'd tell them $2200 cash and problem solved..... then go file a police report..... I kid I kid..... File the police report, it is the ONLY option IMO. Cover thine arse....