Whose fault would this accident be?
I got into an accident at work today. I was backing out of a parking spot, was all the way in the middle and in drive to pull out of the parking lot, and the other driver backed into the rear of me before I got going forward.
All I have is liability, if it became 50/50 how would I get my car fixed? I'm in a sedan and she was in a ford expedition. She got a small scratch and my whole left drivers side rear is messed up.
If you were reversing BUT you had stopped and they collided with you. Sounds like 100% their fault
presumably you were in position before they moved. Yes?
find a witness
let the insurance sort it
You can count on this one going 50-50. There's a reason for that, although you're not going to like it.
How you can get your vehicle fixed is simple: At a repair shop. With a 50-50 accident, it means 50% of your damage will be covered by the other vehicle's liability insurance. The other 50% would be claimed under Collision coverage, which you don't have. When you decided not to purchase Collision, you effectively agreed to cover certain losses yourself.
Why am I so sure it will go 50-50 instead of 100% the other vehicle's fault? Because the driver of the other vehicle isn't going to say that you were done backing up and had shifted into drive and then she backed into you. That would make her 100% responsible for the accident, but it's simply not going to happen.
She's going to say that she had backed out first, and that you then backed into her vehicle. I can pretty much guarantee that, in fact. And in accidents with conflicting statements and the only thing known is that both vehicles were (or had just finished) backing out of parking spaces, the insurers are going to agree to a 50-50 split.
Your insurance company would be of best help in this situation. Let it be handled by them. However, it would help if you can hire a californiaattorneyhelp.com lawyer who specializes in this case as this can be very complicated. With a lawyer, you will be guided of the right things to do, while protecting your rights.
Sounds like it's word vs. Word which usually results in partial liability being assigned to each party. However if you have damage on your side and she has damage on her bumper then this may lend some weight to you being not at fault. If you have liability only then your carrier wouldn't pay for any of your damage no matter what. If they rule it 50/50 then the other carrier would technically owe for 50% of your damage. Best of luck.
It usually the fault of the one that did the damage. It most likely was her fault, don't settle with her, speak with insurance agent about this.
If you were backing out, it was you fault. It is always the fault of the one backing out
but admit to nothing. Let your insurance handle it.
If it's 50/50 then your liability pays for theirs and their liability pays for yours.
In gray cases like this it's most likely they will call it a 50/50, that is unless you have witnesses, you know like friends from work that saw you were pulling away when the other party recklessly backed into you.
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