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I was in a parking lot in my brother in law's hummer and i came around a corner and there was a spot immediately to my left but i had to back up to get into it. So i checked the mirrors and looked over my shoulder to see if there was anyone behind me, there wasnt, so i proceeded to back up. there was a guy in a chevey malibu directly behind me and i bumped his car and dented the hood slightly. Am I entirely at fault?

2006-09-07 08:02:27 · 11 answers · asked by ginobuchs 1 in Cars & Transportation Other - Cars & Transportation

11 answers

Yes you are. You can't say 100% that he hit you and you are unsure of whether you hit him or not. He will be considered in the right.

2006-09-07 08:08:29 · answer #1 · answered by mlc24_1980 3 · 0 0

Good luck with this one. In my state, Virginia, if you're on private property (like a shopping center parking lot or someone's residence) unless there's substantial damage or injury, the police opt-out, that is, they don't even get involved.

When I had a shopping center parking lot accident recently, I was stationary with the transmission in Park. Another fellow backed into me. However, my insurance company wouldn't/couldn't go after him because the other guy merely had to raise the possibility that I could have been backing up, too, and that's enough to throw the whole thing into a no-fault type of situation. Therefore, suspicion is immediately cast upon the true victim and unless I can PROVE he was entirely at fault, the insurance company cannot act.

I haven't answered your question, but I wanted to show you an example of another no-win situation. Things could have been worse.

Good luck.

Tony

2006-09-07 15:50:37 · answer #2 · answered by Anonymous · 0 0

Depends on the insurance company. Usually if their car was parked than yes. You are entirely at fault. If he was behind you and you didn't see him, yes you were at fault. If he was pulling out of a spot while you were backing up than its 50/50.

However, if you did not call the police at that time, than more than likely the accident will be an at fault for you.

I work at an autobody shop and deal with insurance companies daily.

2006-09-07 16:03:17 · answer #3 · answered by Nikki 2 · 0 0

From your description you seem to be entirely at fault. Although if you take it to court and the other person does not show up, you win by default so you could still try that. If you have insurance and he does too, just let your two insurance companies duke it out. That's what we pay them for.

2006-09-07 15:09:07 · answer #4 · answered by rcrespo@sbcglobal.net 2 · 0 0

Yes, you ran into HIM!
It's a reverse "rear ender".

Good luck with that--seeing that you were in a hummer, he'll be suing for whiplash, sciatica and all sorts of pain and distress. Seriously, hold your breath for 2 years, cuz I'm sure the subpoena's comin'!

2006-09-07 15:09:02 · answer #5 · answered by Munya Says: DUH! 7 · 0 0

If you were in Australia and you indicated intention to turn and if you were already reversing it is actually his fault so long as he came up behind you after you were moving, and your indicators and reverse lights were working . So good luck with this.

2006-09-07 17:37:09 · answer #6 · answered by Anonymous · 0 0

Sounds like it. You ran into him and he was not moving. Had it been on an incline and you rolled into him because you had a manual transmission then he would have been at fault for failure to provide proper distance between vehicles.

2006-09-07 15:07:11 · answer #7 · answered by Stumpy 4 · 1 0

You sure are. Hope you or your brother had insurance.

2006-09-07 15:07:51 · answer #8 · answered by angeleloves 3 · 0 0

Yep.

2006-09-07 15:06:04 · answer #9 · answered by jessiekatsopolous 4 · 0 0

unless he bump you

2006-09-07 15:06:52 · answer #10 · answered by BIG WILLIE THE GEORGIA TITIAN 4 · 0 0

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