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 Posted: Thu Sep 04, 2008 4:43 pm Post subject: backups always at fault? |
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I was backing out of my driveway, stopped just before putting my car in drive. A car coming down the street who I think was trying to quickly get around me (though he says he didn't see me) hit me. The impact hit my rear bumper and his right side bumper. Am I at fault even though he was in a hurry and trying to get around my car rather than stopping? I didn't see him coming down the street.
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Jsmom
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| Posted: Thu Sep 04, 2008 6:19 pm Post subject: |
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| If it's as you explained, I would say he is 100% at fault. But my experience has shown me that his statement will be that you backed up right in front of him and he could not avoid. As such, I see this being rules as you both contributing to the accident. |
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tcope
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| Posted: Thu Sep 04, 2008 6:50 pm Post subject: follow up |
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Thank you tcope. He says that a car that was parked illegally parallel to my driveway was blocking his view, but he was in a large SUV and the car was a compact car, so I don't see how that happened. It's a very confusing situation because it felt to me as if he came out of nowhere (I didn't see him before the impact either, and it all happened very quickly). I really don't want this on my insurance if it's my fault though, so if it is I'd rather pay directly. If it's not my fault, I'm ok going through insurance. I'm not sure what to do! Any advice?
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Jsmom
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| Posted: Thu Sep 04, 2008 7:00 pm Post subject: |
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| Do you feel the other person was at fault? If so, you can contact his insurance company and file a claim. But its very possible that he's going to tell them that you back up right in front of him. I say that as it's unusual that a person driving down the road would just completely miss a vehicle sitting in the middle of the road right in front of them. Granted, he says that a vehicle blocked his view and this is good for you. He may also have been adjusting his radio or yelling at his kids in the back seat. If he states that you backed up right in front of him, his carrier may only pay a portion of your claim or deny it... depending on what state laws concerning liability are in affect. |
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tcope
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| Posted: Fri Sep 05, 2008 2:02 am Post subject: |
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Sorry Todd (and OP) I disagree, I think based on your statement alone that you will be found the majority at fault based on the following...I'm playing devil's advocate, so don't get mad... 
| Quote: | | I was backing out of my driveway, stopped just before putting my car in drive. |
First your are backing into traffic, and you are still in reverse at impact... | Quote: | | I didn't see him coming down the street |
Will sound like you did not make sure you had a clear path...you say | Quote: | | Am I at fault even though he was in a hurry and trying to get around my car rather than stopping? |
Although you didn't see him so really no way you could know this right? | Quote: | | impact hit my rear bumper and his right side bumper. |
I'm assuming this is his front bumper ? to which part of your rear bumper? right, left or center?
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Lori
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| Posted: Fri Sep 05, 2008 2:53 am Post subject: |
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Hi Lori,
Thanks for your input. The impact was on the right side of the back of my bumper, and he pushed the tow hitch (I think that's what it's called?) in the direction he was moving. There was no impact to the side of my car, only the back. It's almost as if he swiped the car as he tried to get around. I also noticed today that his car was way on the left side of the street, so I think he was either trying to go around, or driving on the wrong side of the road. And yes, his front bumper and headlight on the right side were smashed pretty badly.
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Jsmom
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| Posted: Fri Sep 05, 2008 3:56 am Post subject: |
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| Quote: | | I really don't want this on my insurance if it's my fault though, |
If you were at-fault you can hardy evade the responsibility, it anyway will go to your record. Even though have decided to pay for the damages out-of-pocket, IMO are still required to inform the insurer.
You are into a predicament where things can start turning bad pretty soon. I agree with Lori, you can be held responsible for the damages, since you were backing your car in the traffic.
I think its time to start collecting the evidences that will put some responsibilities on the other driver as well, so that you don't end up paying for the entire loss.
~Jeremy |
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JeremyHolter
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| Posted: Fri Sep 05, 2008 4:21 am Post subject: |
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Hi Jsmom,
What I've experienced under such circumstances is that no-body is counted to be 100% not-at-fault. There are chances of influencing the accident even unknowingly...& this makes it even more difficult for an adjuster to hold you as 100% not-at-fault. Lori is correct in sighting the reason that you were backing up in traffic & seemed not too sure of the approaching vehicles. Now, all that you can pray is for a fair judgment at this one. Roddick |
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roddick
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| Posted: Fri Sep 05, 2008 8:55 am Post subject: |
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| Quote: | | I also noticed today that his car was way on the left side of the street, so I think he was either trying to go around, or driving on the wrong side of the road. |
if you can get out there and take a picture of where any debris etc was on the road so you can later prove if needed where in the street the impact occured...if it looks like he was going the wrong way...it's hard to tell...were you completely 100% straight in the lane of travel? meaning once you put your vehicle into drive you would not have has to crank the wheel one way or the other? if the impact to your rear cover is dead on, and not iin a swiping motion, (as if your rear end were out in traffic and he side swiped your bumper, which would indicate you got out too far)...then you might have a case, if it looks like a classic rearender in other words....other wise, IMO the best you can hope for is 50/50...How did you both leave this? Personally I think you had better report this to your carrier...you will need their protection..the last thing you need to tell them about this claim six months from now when you get suit papers claiming all kinds of things....they need to inspect both vehicles to aid in determining fault...all policys say you will ''promptly'' report all accidents/claims....you could run the risk of them denying the claim, his included...if they determine you are at fault, and you want to pay it all out of pocket and he is ok with it, you can withdraw the claim (in all states I know of you just need to make it clear that you want that option, and stay in contact with your adjuster).
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Lori
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| Posted: Mon Sep 08, 2008 8:23 pm Post subject: thanks |
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thanks so much everyone - I will contact the insurance company today and tell them the situation - hopefully they will investigate and take care of it fairly. Any advice on dealing with the adjuster?
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Jsmom
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| Posted: Mon Sep 08, 2008 8:33 pm Post subject: |
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Shouldn't be any issue just explain everything honestly and openly they will likely take a recorded statement, this is standard....Let us know if any questions pop up....we'll be here to lend a hand (or word) if we can...
ps...you are doing the right thing..
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Tue Sep 09, 2008 11:32 pm Post subject: |
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i wondered about these type of situation. since he was driving on the street, shouldnt he have the right of way? since you were coming out from your driveway, shouldnt have you looked and stopped? but he might be at fault if he tried to dodge you since he was in a hurry...
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ngreene66
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| Posted: Tue Sep 09, 2008 11:58 pm Post subject: |
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You are correct he would have the right of way however the OP's contention is that she was full in the lane and stopped not in the process of backing...would be similar to a rearend accident......maybe...this will be one of those claims that require quite a bit of investigation, seeing the accident scene, both vehicles etc.
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Lori
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