so got into a bit of an accident with a guy zooming through a parking lot around another car while I was backing up. My back bumper (right side) is scraped up a bit. Looks like the white panel next to the license plate and the silver top piece will need fixing / replacing. Fortunately no major damage. Any idea on the cost of this? Can I take it to my regular mechanic and he can order the parts, or do I have to go to the MINI dealer?

 

You can go to www.realoem.com and find out the part numbers you need, and then order them from Morristown MINI or www.pelicanparts.com. Be warned that if any of the parts are painted, the replacements will probably show up in primer, so you'll need to have them painted before your mechanic can install them.

 

Chances are very good that he's going to file a claim against your insurance company for this.

You might feel he's at fault because he was speeding, but there's no way to prove that. So you, the driver of the backing vehicle, are very likely the at-fault driver in this accident.

So, if your company pays out on the claim, you might as well have them handle your damages under your Collision coverage. You do have Collision coverage, right ?

 

we'll see if this works out, but he agreed it was his fault and suggested he would pay for it. not sure that's going to happen but would be nice if he did, or at least shared some cost. so no insurance for now.

thanks scott--so it sounds like to match paint I would need to do it through MINI?

 

Then he's an idiot.

 

fine, but I'll take it. Maybe he just isn't an ******* and realized he screwed up even if the insurance wouldn't see it that way.

 

I understand where you are coming from with your statement. I would hope he could be praised for taking responsibility for his actions and that would make him honest, rather than an idiot. Or at the very least, and honest idiot.

 

One more thought. Sure wish that guy was driving the Saab that rear ended me years ago. That driver's first comment when he got out of the car and approached me was to say, "That's really poor driving to stop so quick!"

 

He's an idiot.

Regardless what the OP thinks, he's at fault for the accident. The other guy taking responsibility for an accident where any claims investigator would find the other driver to be at fault is just plain idiocy. Never admit fault at an accident scene, even if you feel you are at fault. You just might be wrong... like this guy.

 

Post a few pics and it will help people give you a more accurate response as to what the fix might be.

 

Yeah, well... you'd be amazed at some of the stories I could tell you about what people say after they've had an accident.

 

Posts are hard to understand and convey a demeanor so please accept that I am not arguing or meaning to express anything other than curiosity. But isnt speed a contributing factor. If someone is driving too fast for the conditions and causes the accident due to their excessive speed and therefore recklessness wouldnt they be at fault?

 

Truly would love to hear them, or the best of them sometime...maybe you should write a book...heck, that sounds like a good idea to me. Sort of like the Nanny Diaries....

 

Claims investigations have to be supported by evidence. Without proof, the other party can challenge the liability decision... i.e., hire an attorney and sue the other driver.

If you can't prove the allegations of speeding, they are worthless. In 99 percent of claims that involve an alleged "speeding" driver, it can't be proven.

So, what you're left with in this situation is a car driving through a parking lot, struck by a car that was backing. Who do you think is at fault ?

 

No - I was just giving you a "heads-up" that the parts may need painting, not that the MINI dealer would necessarily need to paint them.

Any good body shop will be able to order the correct paint and mix/tint it appropriately so that it's a perfect match with the rest of your paint.

 

I understand, not arguing in that situation who might be FOUND at fault, but I was asking more who WAS at fault. You are assuming no witnesses other than the two drivers. For sake of argument lets say that there was a witness or witnesses that confirm the driver was speeding or maybe even store surveillance video. Does fault shift at that time to the speeding driver?

 

I would not be able to use the witness statement... it's refutable. Any attorney would challenge that... would ask the witness if they had a radar gun or if they had any specialized training... they'd ask how the witness could be certain the car was speeding.

Surveillance tape... About the only time we can use video tape is if there's a traffic light dispute and there happens to be a traffic camera at that intersection. Even then it's difficult to get the recording. So... in a parking lot ? Not likely.

About the only time you can be held liable in an accident due to your speed is if there was a police officer who witnessed the accident and says you were speeding. Even then, unless he had a radar gun on the car, it's debatable.

If you're ever in an accident... try to find another reason to say the other driver is at fault other than speeding. It's not going to hold up in the very vast percentage of cases.

 

I was always under the impression that it was "no fault" in a parking lot. On public roads there are laws and rules, but in a private parking lot you're on your own.

 

As always, and with you it is often, I do appreciate you sharing your experience. I was always taught that you should be honest and take responsibility for your actions. If I had caused that accident I would like to think I would own up to the consequences of my actions. In that vein I compliment the driver who admitted that he was the cause of the accident, even if it wasnt the wisest thing he could have done from an insurance perspective.

 

uhhhhhhhh, no.

If that were the case, someone could ram every parked car in a lot and say, "hey, it's a parking lot, no laws here".

Maybe you're confusing it with the fact that police rarely respond to accidents in parking lots because it's private property.

 

He was very upfront--he was going around another car in the parking lot (so coming very close to where I was parked rather than being away from the parked cars) and was answering a phone call (maybe can get a some liability there these days, especially if it wasn't hands free but who knows). He said straight up that if we went to insurance they would say it was my fault. So either he is just an honest guy that knows he screwed up and wanted to take some responsibility or he has some reason to not want to take it to insurance even if he probably wasn't at fault. Or maybe he saw my law school license plate frame and didn't want to hassle. :p

I've attached a camera phone photo of the damage (after I cleaned it up). That rip on the white part looks like the worst thing--maybe the silver damages could just be buffed and painted. I don't really know. So I will take it in to somewhere and get an estimate, but any thoughts on what needs to be done are appreciated.

Scott thanks for the info--was able to look up prices. Turns out the stupid white panel (stretches the whole bumper) is pretty expensive ($315) and the silver top part is $141. Add painting and installation ... could get pricey.

 

I am not familiar with the Clubman but on my 02 MCS you can replace the rear bumper cover. I bumped into a snowbank this winter and put a crack in my front bumper. I have been keeping my eye out for someone selling a pure silver bumper cover on NAM hoping to pick one up cheap that I can just throw on. Not sure if that is possible with your car or not.