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Who's fault is it??

 
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Ang
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PostPosted: Thu Jun 26, 2008 3:28 am   Post subject: Who's fault is it??  

Does anyone know who's fault it is if a car backs out of a parking space and hits an oncoming vehicle? I checked my rear view mirror, and didin't see anyone. She must have driven up very fast. here is a bit of a blind spot, as the parking is around a circle, so cars coming around the circle quickly are not visible right away. Also, would a minor fender bender cause my insurance to go up? am I obligated by law to go through insurance?
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tcope
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PostPosted: Thu Jun 26, 2008 5:10 am   Post subject:   

Who's fault it is really depends on the point of impact to the two vehicle (what hit what) as this indicates who was where at what time and who has last clear chance/comparative negligence.
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Juanita
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PostPosted: Thu Jun 26, 2008 6:09 am   Post subject:   

Quote:
Also, would a minor fender bender cause my insurance to go up? am I obligated by law to go through insurance?


Hello Ang, lemme tell you that its not unlikely of the insurers to overlook minor fender-benders at times. But it would largely depend upon the discretion of the insurance company. If you have maintained a fair driving record so far and have enjoyed the premium services of your carrier, then they may decide not to alter your premium rate this time. Best of luck!!
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roddick
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PostPosted: Thu Jun 26, 2008 6:20 am   Post subject:   

Quote:
am I obligated by law to go through insurance?


Not actually. If its only a scratch, filing the claim under your policy will only increase your premium and will dent your claim history, which is an important document for the insurer to decide upon the insurability of an individual.

It wud be wise to settle the issue without involving the insurer if you can do so. But, if the other party insists upon going to the carrier, then you have to report it to you insurer. However, before that the party at-fault needs to be identified.

Remember, enquiring about a claim may also get into the books of the insurance company. Hence, try to get an estimate of the repairing cost from a bodyshop to decide whether it would be worthy to involve the carrier or not. If the cost of repair is less than the limit of your deductible, then you'll not receive any compensation from your insurer even if you file a claim.

Hope I was able to explain it to you. Please, let us know if we can be of more help to you.
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Lori
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PostPosted: Thu Jun 26, 2008 9:39 am   Post subject:   

Quote:
Does anyone know who's fault it is if a car backs out of a parking space and hits an oncoming vehicle?
Unfortunately Ang, with the limited details (no indication of exact point of impacts on the vehicles) from what you've posted...gonna be your fault...The person backing must use a higher degree of care...
Quote:
It wud be wise to settle the issue without involving the insurer if you can do so
This is also risky...if you do chose to pay the claim yourself be sure and get the other party to sign a full and final release...You are not required by law to use your insurance, however you are required by law to pay for damages you are legal responsible for..or are due to your negligence...What part of your car hit what part of their car?
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