Who is at fault?

Posted: Thu Aug 02, 2007 05:14 am Post Subject: definitely!

Hi Driver1

In my opinion, it was she who definitely seems to be at fault in this case..but what I wanna know is the magnitude of the toll that this event took on your car!
Thanks for joining our forums, Fatman

Posted: Thu Aug 02, 2007 05:25 am Post Subject: rear-end

Hi!
Welcome to our forum community!
Surely, you seem to be another inquisitive driver who'd rarely commit mistakes...we are thankful for the careful ones like you. But yeah, its good that you were backing up steadily & also been to the right track.
Fatman has rightly asked you about the measure of the damages, since it would help us a lot, in case it is proven out to be a deliberate effort from the lady at the rear end.
I'm sure, you're well aware of the con artists playing a prank & barging into your savings now-a-days!
I must say that your luck seemed to have saved you this time...it could have been real harsh if you'd got hurt by any chances...all these rogues should be thrashed well before their licenses get anulled.
Salma Roosevelt

Posted: Thu Aug 02, 2007 07:54 am Post Subject: Future references..

hey...did you maintain the emergency equipments at your car ?
If so, then you must be knowing that incase your car gets damaged, then the first thing you should do is to take photographs of the damaged car, photos of the environment, photos of the people involved, their contact info etc. for future references. These would surely help you claim a file following the mishap!
stay in touch.. Evan

Posted: Thu Aug 02, 2007 05:11 pm Post Subject:

There are some key elements missing that would allow for better answers. You've really not described the area very well or exactly what you were doing at the time. The parking spaces allow you to back up into the entrance/exit of the parking lot? Where you backing up into the isle way behind your parking spot in order to then pull forward? The most important part... what was the point of impact to each vehicle? If you were backing up onto the exit arrow the either your vehicle might have been in the entrance or you were backing up the wrong way. It's hard to tell from your description. Where you trying to back out into the street? A street address might allow for an aerial view of the area where the accident happen.

From what you describe it seems that you were backing up into the isle way, near the exit/entrance, when someone pulled into the parking lot and collided with your vehicle. Where you backing up at the time? I'm guessing there is some type of reason why the other person did not see your vehicle and this is an important part to consider. Again, the points of impact are _very_ important.

Posted: Fri Aug 03, 2007 06:10 pm Post Subject: THank you for all your responses...more info

I was backing out of the dead end parking lot of this business. I had my brakes on as I approached the sidewalk and felt a bump. I pulled the truck forward a few feet, as I thought I had hit a planter. I then opened the door and saw the Jetta sitting in my blind spot and on top of the exit arrow. See photos. I got out of the truck and went to the girls' window. The girl said "I saw you coming and was honking my horn". As I said, she was in my blind spot and I was applying the breaks to stop the truck at the sidewalk before entering the street (there was a truck parked at the curb on my rear right). I immediately grabbed my camera and took photos. You can see the girl just getting out of her car with her coffe drink in hand. The cars were not moved except for the few feet that I pulled up. I would not expect a car to be entering the parking area through the exit, nor would I expect a car to be pulling in behind me since she saw me in the process of backing out.

Note that my windows were rolled up and the airconditioner was on. I did not hear any horn honking. The girls in the office (where I went to get the Insurance info copied) didn't hear any horn honking either.

I also want to note that there was also previous damage to the Jetta's front bumper. ie: The front grill was missing, there was a crack on the under side of the driver's side that was not caused by the accident and numerous scratches all over the bumper.

Note: I heard from her ins. co and they denied my claim. Apparently it is okay for her to be on the wrong side of the road entering through the exit and for her to see me in the process of backing .... I was told that I should have been using my "rear view mirror" instead of looking over my right shoulder with hand on passenger backrest. Pretty cheap shot if you ask me. I have photos-- can I post them? I still would like your input on who really is at fault.

Posted: Sat Aug 04, 2007 06:18 pm Post Subject:

First... thank you for the very good description. I think I better understand the situation now. Also, GREAT job in getting photos!!!!! That was perfect!

I don't think ampminsure has the ability to post/host photos yet. If you want to email them to me, I can put them on my server and post the link to them here (ampminure@copelandhome.net, I'll remove this in a week or so).

If you have collision insurance I'd recommend you file the claim for the damage to your vehicle under your own policy and hope that your carrier will seek recovery against the other carrier. If you don't have collision then this gets considerably more difficult.

Keep in mind what actually happen and what you can show that happen may be two different things. What you can show happen is what matters. What also greatly matters is the state laws that apply for where the accident happen. It it's a pure comparative state, then think you might be able to recover something. Comparative negligence means your right of recovery is reduced by the amount you contributed to the accident. If your 10% at fault, you can recovery 90%. Some states have modified comparative laws, if your 51% or more at fault then you cannot recover anything.

From what you described, I'm betting the statement from the other driver is that she was pulling into the parking lot, saw you backing up, she stopped, and then honked her horn when she saw that you were not stopping but you still backed up into her vehicle. Looking at it from her point of view, it's easy for her to see you (as you are directly in front of her) so why would she not just stop? Also, you state that she was in your blind spot. While blind spots exist, they are not a defence and actually weaken your defense. You are still responsible for making sure the area behind your vehicle is clear. However, you are correct in that a rear view mirror should _not_ be used as a replacement for turning around. That was just some BS the adjuster was throwing at you.

If you don't have collision insurance then you have a tough road ahead. The other carrier has denied the claim so it will be difficult to get them to do anything else. If you could file with your own carrier and both carriers were members of Inter company Arbitration, you carrier would probably file and see what the arbitrators decides. It's cheap and easy. However, your only recourse is really small claims court. That usually costs money out of your pocket and with what you described, it's really a roll of the dice. I think the other person's claim that she stopped and you simply backed into her could prevail.

With that being said, you may want to consider the following. Download the small claims court filing papers. Fill them out and send them to the other person's carrier along with a letter stating that you will file in small claims court unless they agreed to pay you for your loss. You may want to agree that you were xx% at fault if they want to settle prior to you filing. Of course, I'd just do this as bluff in order to get them to look at the claim in more detail and perhaps just not issue a denial w/o looking at all the details. But it's up to you how you want to handle it. Of course, this could all be a moot point depending on your states negligence laws (some state if you are 1% at fault, you are bared from recovery).

Posted: Sun Sep 23, 2007 01:48 am Post Subject:

Driver1 I just dont understand how the heck they have declined your claim? I also cant see where your photos are posted can you repost hem please?