I pulled into parking space at shopping mall and fully stopped. I sat for a minute, then took my foot off the break, my car rolled slowly into the car that was parked across from me. I got out and saw that her car looked perfect, said sorry to her & glad her car okay. She crouched down, found a spot the size of half a dime and said there's a dent. The paint was perfect, and no paint from my car. I got on phone with my insur co. while still there and asked what info I should provide other driver. At no time did they advise me to take a photo of the 'damage.' I gave my insur info to other driver and left. She called my insur co. opened a claim for damages, and for bodily injury. The day after accident I was advised by friend to get surv. video from mall, I requested that of my insur co. It took 48 hours for my insur co. claims adjuster to get a statement from me. They told me they contacted the other driver and she said she had retained an attorney and wouldn't talk to them. Insur co wants me to send photo of my car, my license plate has dent from long ago. They haven't looked at her car yet! I want to sue them for not telling me to get photo, and making me the victim, can I?
Absolutely not. A claim is being made against you for rolling into another car. The insurance company has no duty to tell you to take a picture. Most people in accident, who have smart phones with cameras, take pictures at the scene of the accident. Your insurance company will defend the case. You have absolutely no basis to sue them in any way, shape or form.
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