I live in the state of Texas and just recently got involved in an accident and was wondering if someone can help me out. I was parked facing south to begin with. I started slowly backing up north from a parking space and looked to my left and saw a car heading forward towards the east. He was about 15 feet away when i decided to reverse. So I turned and looked to my right and proceeded to back up while it was clear. When I was more than halfway out of the parking space bang! The car that was heading east decided to reverse on the 2 way aisle and hit the back left corner of my car. He was on my blind side when i was reversing. Now his insurance is saying he's not responsible for the accident and i'm left with paying 1000 bucks for car repairs. My deductable on my insurance is only 500... Who's really at fault here??????? (by the way he kept yelling and saying it was my fault saying he was going to cause trouble if i gave him problems.....)
Sadly, it was yours. You're supposed to keep looking for clear way. You failed to look. Looking at it from a positive perspective, get him for THREATENING.
From what I understood, it's always the person who's backing up who is at fault. I'm not 100% sure about this, but this is what I've heard. If this is true, sorry Bagoboy.
both of us were backing up, so i figure if he was looking (like he is supposed to) while he was backing up in the aisle he would've seen me since i would've been directly in his view. On the other hand while I was backing up there's no way i would've seen him on my blindside to my left. Whenever you're backing up your always suppose to turn to your right side looking back. He hit me from my left so there's no way i would've seen him.
So he backed into you while you were backing up? Sounds like it's his fault. Your neck just started hurting. Get an attorney and fast.
"I was parked facing south to begin with. I started slowly backing up north from a parking space and looked to my left and saw a car heading forward towards the east." Can you clarify further?
Ahhh...I see what you are saying now. I know that and I agree that it's more his fault then anything else, because when you're backing up in the parking lot like he was, he should've been looking behind him (what an idiot). I don't know if you have spoken with your insurance agent yet, but I would stress to my agent that I was stationary when he hit me, that you had stopped because you had seen him moving in on you and you couldn't avoid it. In cases like this, you really have to press and stress to your agent to fight for you, and at the very minimum, you should try your best to only settle for 50/50 fault, meaning that he was 50% at fault and you were 50% at fault. This is how I would handle it, but make sure you get more input from other board members. Good luck and keep us posted. Edit: Also, in regards to the agressiveness of the other driver, here's where you got to hold your ground and toughen up. Dont' let him push you or derail you. Unfortunately, these type of accidents bring out the worst in people.
From what I understand, imagine this wnes: car A moves down a parking aisle, with parked cars on both sides. car B is a parked car on the aisle and car A is passed it, and still moving forward. car B begins to back out and while car B is backing out, car A decides to reverse his direction (maybe he saw a parking spot). car A collides into car B at a 90 degree angle.
My bad. I took that Bag0b0y looked right when he saw the other car. To Bag0b0y: 1) without police report or eyewitness, it's going to be your words against his. Your and his insurance are probably going to split the cost. 2) You said your car's back left corner was hit, what about his? If his car's back right corner was hit, then it's pretty clear to me that you and he are 50-50. I think insurance companies will probably use evidence on the positions of the collision to assign fault.
Our insurance premiums aren't high enough as they are, lets make them higher with more insurance fraud.
This is basically what happened. I'm car B while he's car A and he did back up becuase he passed up a parking space. Unfortunately he was driving a le sabre and I a civic so naturally he came out with just a scuff on his back bumper while the back left side of my tin can civic is caved in with damage to the rear left light as well. In any case i received a letter from his insurance company saying he was not responsible so i'm going to have to pay for the $1000 out of my pocket to fix something he did. I don't want to have to pay the deductible for my insurance (without increasing my premium) since it's only $500 and the damages are well over that amount. Thank you for everyone's input by the way, i'm glad I found a forum where everyone is very helpful.
Turn that letter over to your insurance company. Since I'm sure ya'll exchanged insurance info; it's not very professional for them to send you a letter personally saying that "you are responisble and you HAVE to pay." Ignore this if you are not trying to claim through your insurance co.
turn that letter over to your insurance company. tell them you think it is his fault and they should pay not your insurance. if your insurance agrees they will try and make the other insurance pay. if they can not get them to pay, your ins will pay you and sue the other ins co to get the money back.
Not correct at all. Insurance companies will almost never sue each other over $500 (I know his damage is $1,000, but on a subrogation basis, insurance company will try to 1st recover what they paid ($500) and only rarely, what their insured paid ($500 ded). Also, an insurance company will only pursue subrogation when it is "clear" that the other party was at fault. In a situation like this, there is no clear cut way to determine who is at fault, and thus, his insurer is likely to do nothing through subro (much less sue). In my experience, what the thread starter has here is whats called comparative negligence. That is, basically, they both share some responsibility here for the incident. And just like how the other parties' insurer denied the thread starter's claim, the thread starter's insurance company would likely deny the other driver's claim also. Hope that helps.
I'd fight it. What if it was a pedestrian that was walking behind the guy, instead of your car? The guy was moving away from you, out of your space, then decides to reverse and NOT look behind him? He had to have reversed at LEAST 15 feet without looking behind him then. Get him for moving the wrong way. Paint a yellow arrow in the isle, indicating that he shouldn't be going towards you, and take a picture of it.....
I'm pretty sure both of our insurances will deny fault (with his already having done so) I was just hoping that there would be some way where i don't get the bad end of the stick because it's clear that i'm going have to pay for something that wasn't my fault....I'm not really well versed with insurance terms by the way codell and was just wondering what subrogation means...thank you...
