I have old Nissan 240 Sx, she has honda SUV very new( don't know what-type very big one). We hit back to back . Her right bumper fold in and my right bumper has some fold and scratch. Her is more damage. Anyway, she want to get estimate and settle without using insurance. I don't care about fixing mine. I believe that she really want to fix her but have me pay for it. I don't think that is my fault, am I right? Should I report my insurance so they can take care of it ( deal with her for me)? I am afraid that she might turn around and report to her insurance first and I don't report mine..so then it becomes my fault ? and also will cause my insurance rate to increase . Will it increase- if I just got in accident if not my fault? Please help, I just need to decide ASAP. Thanks.
2006-08-25 11:02:59 · 9 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
I am in California
2006-08-25 11:11:58 · update #1
You should report it to your insurance company because your contract requires it. The answer to this depends on where you live and the laws of your state regarding negligence. It sounds like it is a true 50/50 based on what you said. Some states have comparative negligence and in a 50/50 situation your company would pay half her damages, hers would pay half yours. In some states if you're 50% you are barred. In others you are barred at 51%. Then there are a few contributory negligence states where being even 1% at fault will bar you. So if you can update your question maybe you might get more specifics. But if you both backed up at exactly the same time you both seem to have equal negligence.
2006-08-25 11:07:45 · answer #1 · answered by Chris 5 · 0⤊ 0⤋
Definitely report it to your insurance company. If she reports to hers first then she will be able to lie about what happened and you might end up having your insurance pay for it. It should be 50/50 but she can say it happened differently and because you didn't let your insurance company know then you won't have a leg to stand on. You can tell your insurance company that you want to pay to fix yours yourself instead of filing a claim.
2006-08-25 11:23:18 · answer #2 · answered by mlc24_1980 3 · 0⤊ 0⤋
California is a pure comparative state. This is a 50/50 loss. Report it to her company and yours. She will be able to collect 50% from your company and you will be able to collect 50% from hers. As she has a new car, report it, as it will cost you more in the long run if you do not. As for your rate, it is possible that it will go up, but it will be worse if you do not report it to them and she does.
2006-08-25 14:35:09 · answer #3 · answered by deadcars42 3 · 0⤊ 0⤋
A vehicle backing up must yield to all other vehicles. Since you backed into each other, you share fault 50-50.
Report it to your insurance and let the chips fall where they may.
If you're not at fault in a fault state it doesn't affect your rates. In a no-fault state, any accident will affect your rates. In this case, you're rates may be affected since you are partly at fault.
2006-08-25 12:36:25 · answer #4 · answered by Bostonian In MO 7 · 0⤊ 1⤋
backing accidents are always the fault of the driver,,50/50
2006-08-25 11:07:14 · answer #5 · answered by bill j 4 · 0⤊ 1⤋
I had a similar accident. Her bumber was broken and I had some scratches that I didn't wanted to fix. Geico solved it in weeks and didn't raise my payment.
2006-08-25 11:12:30 · answer #6 · answered by wazup1971 6 · 1⤊ 0⤋
Women in SUVs. The bane of every driver.
2006-08-25 11:40:28 · answer #7 · answered by MotorCityMadman 3 · 0⤊ 1⤋
You should call your insurance agency.
2006-08-25 11:09:35 · answer #8 · answered by Katie Girl 6 · 0⤊ 0⤋
sue the grocery store, it hapennedon their property
2006-08-25 11:12:59 · answer #9 · answered by acid tongue 7 · 0⤊ 2⤋