i was pulling out of driveway and hit a car behind me who is at fault?

Question

I was pulling out of a driveway and hit a car behind me; who is at fault ?
also the car I was driving is not under my name and had two infants in it; should i contact my insurance company or try to work things out with the other driver; i have already contacted him and he willing to work things out but he doesnot have that much damage to his car; just a few scratches and a little damage to his rim?

Answer 1

If you were backing out of a parking space (i.e. driveway) into active traffic, then it is your responsibility to yield to the oncoming traffic and be aware of your surroundings so that you don't hit another person or auto.

It shouldn't matter if the car is or isn't under your name. Your personal auto insurance will cover damage you've done to other cars when driving an auto that is not your own (like it would if you were driving a rental car).

Did you contact the police when the accident happened and file an accident report? Regardless of how little damage you perceive to either auto, most states require both parties involved to swap insurance information so a claim can be filed. He may be willing to not file a claim against you and that will be all well and good if the total cost for the repairs to his vehicle are less than the deductable on your insurance. If he tries to tell you that the estimate for repairs is going to be huge, insist that a claim is filed so an adjuster has to look at the car...he might try to pull a fast one on you thinking you don't know better.

Answer 2

Hi--I work in insurance claims, you are most likely at fault--improper backing. Insurance typically follows the car,(most states) so whoever owns the car should give their ins co a call and report the claim. Yes, rates will likely go up, but these days even in a minor accident such as this--people turn up hurt all the time! if you are only worried about the damage to the other car--it would fall under "property damage coverage" which doesnt have a deductible--so YOU or the owner of the car isnt out of pocket any cash. Deductible only applies when you want the ins co to pay for the damage to your own car. And if you do decide to go ahead and try to work it out with the other car, definately DONT pay them in CASH--get a certified check, money order--something to prove you paid. Body work is expensive--you may be surprised at how much the estimate is. Plus if you hit the rim/tire area, there might be suspension damage to the car that they wont know about until they start the repairs, so they may call you wanting even more money. I know you dont want the higher insurance rates--but you pay the ins co every month (or however you pay it) for a reason--they are experienced in these matters and they are there to handle these things and protect your interests. If you want to follow up on any info here, feel free to search for your state's department of insurance website--all states have an web site and most have a FAQ section for consumers. this link is to the National association of Insurance commissioners website, they link to all state insurance departments. http://www.naic.org/state_web_map.htm

Answer 3

Hello,

Actually in this case you were at fault becuz you backed out & didnt look, and the car u droved isnt yours; the person who owned that car u in should be notified immediately to know whats up, and were the infants in a seat belt? Call the insurance company regardless that the accident wasnt major, that can save you & that other person time, take eachothers' info & keep in touch. But mostly, people call the cops for a accident report so do that first!!!! And everything else will work out. if you need more info email me at [e-mail]

Answer 4

You would be at fault because he had the right way. You should always look behind you while backing out of a driveway there could cars coming at anytime. If it is not your car you should at least let the owner know what happen , they might have the type of insurance that cover other drivers.

Answer 5

You are at fault. Your responsibility to look behind you.

Contact the insurance company. If he finds out the damage is more than it looks he'll have to sue them and not you.

"Working things out" with the other driver never works. With time, resentment gets worse. The victim will have all sorts of people telling him what he should do and can legally do to you. Protect yourself and make sure you go to the police and file a report for your insurance company's records. Trust me, you'll need this if you go to small claims.

Answer 6

I am afaird the accident was your fault...but not make things worse by entering in some kind of a deal with this guy without being very careful. My daughter hit a man's truck, and we came to agreement, and we got everything in writing. It saved me a bunch of money on my car insurance. If he's being reasonable about the cost to repair his car, that's the way to go. but please make them sign a contract between the two of you stating that this is one time payment of $??? and he will not be able to come back and say you owe me or you owe me that. If he's wanting a small fortune for a couple of scrapes, then you might have to get the insurance company involved. I am hoping this is a honest man, and he won't try to take advantage of you. Good luck, don't forget to get him to sign something saying that's all you owe him....God bless us all............

Answer 7

I had the same thing happen to me a few years ago. I was leaving for work in a hurry. I thought the car was turning but didn't. I got the ticket. And I didn't have any insurance at the time because I had just got the car. Long story short, I got the ticket and had to pay for his car. The car was totaled.

Answer 8

Unfortunately for you, all these folks are right. In an accident, anytime one of the cars is backing, that one is automatically at fault. That is just the way the insurance laws are set.

Answer 9

You are at fault. It is called inproper backing. you should have looked before you backed out. If you work it out with him, then get it in writing. Wouldn't want it to come back and haunt you. There is nothing wrong with paying for the damage your self, but that is what you pay insurance for.

Answer 10

Always try to work things out before going to the insurance companies.