I started to back out of my driveway, but a car was pulling in behind me, on my right side, in the blind spot. I did not see the car pulling in. The other driver claims it was my fault. How do I deal with this?
2006-08-14 07:31:25 · 10 answers · asked by anteater 69 2 in Cars & Transportation ➔ Insurance & Registration
If both cars were in motion it is unlikely that either insurance company would pay, even if both were insured, except on collision coverage.
In real life, one question that might be asked is whether you had reason to suppose that a car would enter your drively. If the driver was, for example, a stranger making a U turn, s/he hasn't much cause to seek reimbursement from you.
While it's true that a person backing up is supposed to take special caution, the person going forward has the best view of what is happening. The principle of "last clear chance" [to avoid an accident] applies in some, but certainly not all, jurisdictions.
Everybody always claims it's the other guy's fault. That doesn't mean much. In fact it doesn't mean anything.
2006-08-14 07:39:09 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Well, if you had insurance, then your company could investigate on your behalf. Washington has comparative negligence, which means that you can be at fault, and still recover from the other person "less" the amount of your negligence. So if the other person is 99% at fault, he can get 1% of his damages, etc. A blind spot is not a defense, it is actually a factor that makes your duty to be cautious when backing an even stronger one. However, the person pulling into the driveway has some duties too, so maybe if you're lucky you compromise and pay some of it. Did I mention already that it would be great if there was insurance to investigate on your behalf and pay if necessary?
2006-08-14 20:39:42 · answer #2 · answered by Chris 5 · 0⤊ 0⤋
At that point, you should have called the police. Well, maybe that wouldn't be a good idea either. Driving without insurance in the state of washington is a violoation of the regional code of washington. Don't ask me to cite which specific code, i forgot. Anyways, it's a traffic violation.
Since you were backing out and you hit the other car, in your blind spot, that was pulling in, it's reasonable to assume you were at fault. The charge is a moving violation. You failed to clear the rear, basically. You didn't see what was coming and hit it.
The damage can't be too great since it was in a driveway. I'd recommend just handle it with cash. Have the other drive go get a damage estimate from a autobody repair shop. View the estimate and pay him/her that amount.
2006-08-14 14:39:32 · answer #3 · answered by casey_leftwich 5 · 0⤊ 0⤋
This becomes a civil matter, since it occurred on private property. The other driver could be at fault as well as you. That can only be decided in a law suit, by either of the parties. It may be a draw, each responsible for their own damages.
I would wait the other driver out. This was on your own private property and if you had not reached the public street, you may win the case.
2006-08-14 14:42:58 · answer #4 · answered by ed 7 · 0⤊ 0⤋
Vehicles backing up must yield the right-of-way to all other traffic.
You deal with it by paying for the damages. Since you're not insured, you need to handle this pronto or your license can be suspended indefinitely until the debt is cleared.
2006-08-14 15:40:09 · answer #5 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Determine who had the right of way. Either way your screwed if you don't have insurance.
2006-08-14 14:45:04 · answer #6 · answered by Add Man 4 · 0⤊ 0⤋
Pay it....
You backed into the other car RIGHT !
2006-08-14 14:34:37 · answer #7 · answered by Vulcan 1 5 · 0⤊ 0⤋
Hey.. You home owners insurance should cover you.. :)
2006-08-14 16:18:04 · answer #8 · answered by David M 2 · 0⤊ 0⤋
Pay up; it was your fault.
2006-08-14 14:37:46 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Sorry, but it sounds as if you are responsible.
2006-08-14 16:48:58 · answer #10 · answered by Badkitty 7 · 0⤊ 0⤋