Accident Advice

[djb525]

Hey guys,
I got into an accident this morning. Turning the corner in a parking lot prob between 5-8mph, hit black ice, hit the brake and e-brake, but still slid right into a bobcat bucket. Just looking for some advice. I already filed a claim with my insurance, but they are saying that its automatically my fault because I hit an unoccupied vehicle. Just wondering if I have any grounds to argue with the fact that the lot was not maintained and the plows were sticking out far beyond the parking spaces. Immediately after it happened the maintenance guy came over and started yelling at me. I told him I was not going to talk to him and was waiting for the police to show up and file a report. He left right after I said that. Then as I was talking to the officer, he showed up with a rock salt truck and salted the parking lot. I'm not looking to blame anyone else, whatever happened happened, just wondering if you think I should pursue anything based on these facts. Thanks in advance!

[toesuf94]

Contact your insurance company and get it fixed...that is my advise to you. They can look at the report and determine if there was negligence on the property owner's side.

Were we drifting?

[Blue-J]

Have summer tires on?

[BigPopa71]

I could be wrong but even with the ice, it appears your speed turning in the parking lot was excessive. That turn should have been navigated at 5 mph or lower. It dosent look like you have a case but thats just from what I think im seeing from the pictures.

[Unrulie]

Wow that sucks. I don't think you'll win trying to prove negligence on the equipment owner . As the insurance company would see it. 1. You were driving to fast for conditions. 2. You failed to remain in control of your vehicle. Sorry. Good luck.

[San2cci]

I think you have a great argument; the only problem is the amount of damage...it looks as if you were going pretty fast to amount to that damage. Those bobcats should not have been in the middle of the road and they should have maintained their parking lot. They can't prove how fast you were going or if you were driving reckless unless they have cameras so you might as well try and fight it.

[djb525]

Thanks for the advice. No I was not drifting, I have a clean driving record as well. No accidents or tickets ever. And I do have winter tires on. Brand new blizzaks. My speed was slightly over 5mph, like I said, probably between 5 and 8 mph.

[abaucom21]

Agree with both toesuf94 and BigPope71. Insurance will likely decide you were driving too fast for road conditions.
Sorry.
You might have a claim for illegal parked vehicals on private property. Not worth your time/effort or expense to sue you hit illegal parked vehicals. Bottom line is you did not have control of your auto.

[djb525]

Just to clarify it does look like alot of damage. The way I hit the plow bucket basically sliced right into the bumper and that's all plastic. There was no metal damage other than the fender being bent a little. I think the amount of damage is due to the angle I hit the bucket. Maybe this picture will help show what I mean.

[Wolvie70]

Originally Posted by djb525

Thanks for the advice. No I was not drifting, I have a clean driving record as well. No accidents or tickets ever. And I do have summer tires on. Brand new blizzaks. My speed was slightly over 5mph, like I said, probably between 5 and 8 mph.

If you have summer tires on pretty much anything over 0 mph on ice is too fast. You can try to get something from the equipment people but it is unlikely. All you can do is turn it in to insurance and move on.

[djb525]

Originally Posted by Wolvie70

If you have summer tires on pretty much anything over 0 mph on ice is too fast. All you can do is turn it in to insurance and move on.

Sorry I mis-spoke. Meant to say "winter" tires, brand new blizzaks.

[AG1LE]

Considering the fact that the bobcat bucket probably didn't even move when you hit it, that kind of damage seems reasonable even at low speed. You may have a case based on the details you provided, just depends on how much time/money/effort you want to put into fighting (with no guarantee of winning), relative to the magnitude of negative implications for your insurance cost. Good luck!

Also, I wouldn't think even the best winter tire is ice-proof, so to me that is a moot point...goes back to your argument about your driving speed and the condition of the parking lot.

[hunter1660]

You need a bumper like the bobcat has....

[Pro Stock John]

I'd fight it, I have snow tires too.