The issue here is that generally anywhere in the civilized world that the car backing up has the greater duty to ensure the way is clear before proceeding with the backup. It doesnt matter what the other car does - or does not do.

When I did liability claims for a large insurance carrier, I had to listen to that 10-15 times a day ( average # of calls were 35-40 per day ). This happens quite a lot in places like wal mart where someone will be backing up when it appears to be clear - then an idiot comes flying down the isle and hits them. Then the frustration really sits in on the person that backed up because they tend to be found at fault in most cases.

As bad as that is, it`s worse when you have two cars backing out and they hit each other doing it. Who is at fault you may ask? The answer is they both are ( unless your state is a no fault where you have to pay for you own anyways ) . What generally happens is both parties are found 50% liable which means the other guys insurance only pays for half of you your repair, and then you are on the hook for the other half. Like the previous post said, $1900 to repair. Half of that is $950. You either pay that yourself, or file a claim on your own insurance for the rest. Seeing most deductibles out there are $500 or $1000, it leaves you wondering is it really worth a hike hit for $450 + any supplements which may arise for hidden damage ( half responsible there too remember ), or it`s less than your deductible.

I thought it would get better ( and less stress ) when I switched over to being a field auto damage adjustor. Boy was I wrong there.

My last day working in the insurance industry was one of the happiest days of my life.

What can you do to lessen your chances of this short of never backing out?

1. Park away from everybody - Its nice free exercise walking more

2. Back out even slower than you think you should and then stop when you are about to enter the roadway/isle before proceeding out. This may give a distracted driver time to stop and angerly hit their horn instead of you.

3. Try not to park around larger vehicles that obstruct your view.

4. On a Mustang, if you can live without them - Dont install those louvers or blackouts on the rear quarter windows.

 

The question I asked you is one that you most likely will be asked during the claims interviews with your insurance and hers. When you are backing out, you have to prove that you had possession of the roadway/isle prior to the accident

Short of already being backed out with your car in drive, it`s really hard to prove that.

It some ways it might be best if it is your fault. One of them being if the local law allows for % negligence where each driver if found at fault for whatever % it is determined they are at fault for the accident. Lets say it is determined that you are 65% and she is 35%. That means her insurance would only pay for 35% of the damages to your car leaving you to either pay out of pocket for the rest -- and still having to pay a deductible if you have to file a claim on your insurance for the rest if you dont have the cash yourself.

Keep us posted on the outcome.

 

I missed this one.

Insurance companies assign fault/liabilty when it comes to paying for claims, not policy holders, claimants, or law enforcement investigations ( in some cases *** ). This is in your policy contract somewhere after it states " In exchange for payment....." & " You agree to notify us promptly of any accidents..." etc etc etc.

It short, it`s contract law, and if you look on most anything your agent or insurance company gives you telling you what to do in case of an accident. One of the first things listed is.... " Never admit fault ".

*** It was rare, but I did see cases where the police would find one party at fault -- give them a citation for it, and later it was found to be the other person`s fault during the insurance liability investigation.

 

lajntx wow lot of good information. Thank you I hope to find out more this week. Does it make it better or easier since both parties use the same insurance company?

 

X2! Always good to hear from someone in the business share their thoughts and laws on a subject.

I also heard it's recommended (whenever possible) to back into a parking spot (or pull forward into the forward spot) to allow you to drive forward out of a parking spot rather than back out.

Of course, if it requires you to back into a spot, your still "backing", which is the same going in, or getting out!

 

4. On a Mustang, if you can live without them - Dont install those louvers or blackouts on the rear quarter windows.[/QUOTE]

I have these on mine, just had to have them, and I always just creep out of a spot when I'm backing up. Kinda like poke and hope.

 

After reading about how these can be an issue, I may be removing mine. My wife said it's difficult to turn to the left (or right) when crossing a multi-lane highway or intersection.

I love my Mustang, and these louvers are just not worth the looks to cause a blind spot and have the risk of being hit because I do not see traffic coming.

 

Ouch. I woulda be PO'd!!!! Sorry that happened man

 

Both of you will get seperate liability adjustors to avoid any potential favoritism, and the claim on both ends will be treated the same way it would when dealing with a different insurance co.

It happens quite a lot - esp on military base accidents where most people have either USAA or Geico.

 

If it helps any, the last time I was in an accident, I was told by the officer "The person in the rear is ALWAYS at fault unless it is a parked car that is hit". Basically, if you were pulling out of a spot, it was her obligation to see you. Either way, your car was not moving, so that is like double her fault LOL.

Good luck bro!!

 

My opinion as well.

 

Thanks Ben and Patrick.
I hope the insurance see it that way too. Still waiting on them.
Parts for the repair are on order hope they will be here by the end of the month

 

I had that exact scenario happen to me in Walmart's parking lot. A lady and I backed into each other, only I was deemed at fault by my insurance. I had minimal damage to my car on the very back right hand corner of the bumper and she had damage all the way down the left side of her car. She was a few spots up from me on the opposite side and just kept backing up when we made contact. I tried to argue with my insurance that it was obvious we backed into each other and the other lady didn't stop after the initial contact, but it was no point. I thought either we both were at fault or at least she was because she kept driving....

 

In general terms, yes the rear car will generally be found out falt due to a failure to maintain safe distance/control of vehicle. However, one of the exceptions to that rule is when a vehicle backs out and then has " The greater duty to ensure the way is clear before proceeding".

Hopefully the OP will get good news, and this situation will resolve in such a way that it doesnt become a financial hassle for him as well.

 

Did you file a complaint/appeal with your State`s Department of Insurance?

 

This one may take awhile. Did you go ahead and file a claim under your own insurance to get repairs started?

 

What stinks is your insurance might go up now...

 

This IS the exact reason why I always back into a spot, then drive out, just offers a greater view of what's going on to the left and right of me.
Regardless who's fault it is, I'm sorry this happened to you man!

 

Yep do it all the time now!
Thanks

Yes I filed a claim with my insurance (both parties same insurance) The parts are on order just wanting on insurance to say if they are finding me at fault. Parts should be here by the end of the month.


I hope not so long the car gets fixed and looks like it did before then I will be fine.