I was backing up out of a parking spot

[mtesar982]

I was backing up out of a parking spot this morning and so was another guy. We were both backing, so I stopped and honked my horn and he continued to drive into me. Would he be 100% at fault? I stopped my vehicle and had time to honk to let him know that I was there.

 

[jperd21]

I've had a similar experience... and I'm not a police officer, so I'd love to hear from them as well. I lived in a no-fault state, and had no proof that the other driver was at fault so we both had to file claims and move on. Nothing I could really do, or so I was told.

 

[pandabear1991]

I would have to say it depends on what the officer writes in the report at the scene of the accident. My sister was recently hit by a man in a truck, she was pulling out of McDonald's and he was pulling in, and she was stopped in the turning lane waiting to get over--he clipped her front end with the bed of his truck because he pulled in to the same turning lane too soon/too close. Even though there was about 4 different surveillance tapes from nearby stores that caught what happened--because the officer described the wreck as "nobody's fault" they each had to pay their own deductible. Although the other driver did call and harass my sister several times, wanting to know why she wasn't paying for the damage to his truck. Best of luck to ya!

 

[timelord731]

I would have to say it depends on what the officer writes in the report at the scene of the accident. My sister was recently hit by a man in a truck, she was pulling out of McDonald's and he was pulling in, and she was stopped in the turning lane waiting to get over--he clipped her front end with the bed of his truck because he pulled in to the same turning lane too soon/too close. Even though there was about 4 different surveillance tapes from nearby stores that caught what happened--because the officer described the wreck as "nobody's fault" they each had to pay their own deductible. Although the other driver did call and harass my sister several times, wanting to know why she wasn't paying for the damage to his truck. Best of luck to ya!

Wait, what? It's completely under the control of the on scene police officer and not the insurance company? That seems a little sideways.

 

[Patrick]

I'd say it's his fault, but without any eyewitnesses this would be difficult to prove. It is for this reason that I installed a dashcam on my car, and I recommend people do the same. It helps with insurance and general security/peace of mind.

 

[pandabear1991]

Wait, what? It's completely under the control of the on scene police officer and not the insurance company? That seems a little sideways.

You have no idea. There was a witness who called it in, but she didn't stick around to give a statement. The officer wouldn't even check the surveillance cameras, nor did he see it. When she talked to her insurance agent about it, she was told they have to stick to what the report states. If there is no one listed at fault on the report, then no one can be blamed.

I personally am for the dash cam idea. I need to make in an investment asap because there are so many crazy drivers around here, and this one-lane highway (the same one my sister got hit on) has too many accident prone zones. Everything in our town is crammed into a .5 mile strip and I do everything I can to avoid this area. Especially with weather, people tend drive like they are in their first week of learning.

 

[Gelsemium]

I had an accident once just like that, we were both backing and we never saw each others, so we crashed. Nothing too much so we just continued, whose fault is it though I don't know.

 

[GemmaRowlands]

Where I live, insurance companies don't take any kind of responsibility for things that happen on car parks, because they are private property, and so many different types of accidents happen there. As a result, we would be lucky to have a payout.

From what you have typed, if the car knew that you were there and carried on driving anyway, they are definitely at fault, there is no doubt about it. However, proving it could be difficult. Was there anybody there who would be able to confirm what really happened? Because unless there is, it is your word against the word of the person who crashed into you. In this situation, unless he admits what he did, I'm not sure that you have all that much chance of being successful in your claim - despite the fact that you're telling the truth.