Guy backed into my Car

[jsn]

Well someone backed into my subaru the the other night in a parking lot. I backed out of my spot was getting ready to go forward. I was stationary at the time when I saw someone start to back up. I started honking but he said he didn't hear me and ended up backing into me. I have a witness who saw that I was stationary and heard my honking.

The guy who hit me assumed I was in motion and that we backed into each other. When I told him I was stationary and he backed into me, he said I was in his blindspot and couldn`t see or hear me.

When I spoke to insurance they said that often in parking lots, it ends up being split 50/50. I called them again today and they still haven`t determined who`s at fault since the other party`s story does not match mine (he said we were both in motion).

I have a feeling that it`ll be 50/50 since it`s taking so long for them to decide. My adjuster mentioned that it's taking a while since our story's don't match. Has anyone ever had any luck fighting off that decision? What's the point of getting a witness if they don't even take that into consideration? I'm pretty angry seeing how I'll potentially have an at fault accident for some guy who backed into me without looking.

I've been driving for almost 15 years and this is the first time I've had an accident, let alone be blamed for one. I'd be pissed off if I lose my first time accident forgiveness policy because he backed into me.


http://s27.postimg.org/v7hs3h4hv/IMG_20150921_194431.jpg (http://postimage.org/)

[SpeedIllusion]

Same thing happened to my mom's car, in the T&T parking lot no less lol. She was reversing from her stall, probably came out a few inches when she saw another car reversing as well. My mom had come to a complete stop and the other car hit her rear. They admitted fault and we went to our broker to deal with it. After a few days, the other driver just straight up ignored our calls/text/emails. Our broker said that it's a 50/50 and I'm guessing the other person knew that after talking to their broker.

In the end, we would have gotten dinged on our insurance if we claimed anything. We decided to get a new bumper instead.

It's super shitty when this happens, especially when the other driver knows they are at fault. :banghead:

PS. We had a witness as well. Our broker pretty much said that a witness is useless in this case.

PSS. The only time you can fight it is if your car was still in the parked spot and you never moved it.

[colinxx235]

Insurance will push for 50/50. We had a similar case a couple years ago with the exception the other guy admitted to not looking and backing into me while I was stationary.

Our own insurance tried to use my statement of the car was "in reverse gear" to pin against us despite the other guy accepting fault. Was a big blow up/got ugly with our own insurance but worked out. I am glad the guy didn't change his story cause it would have screwed us over.

Sorry for the bad luck.

[jsn]

Did your insurance contact the witness? I contacted the adjuster and they said they spoke to my witness who vouched for me being stationary and honking at the guy. This is making my blood boil.

I was hoping the guy would be honest. He even left me his business contact info and it was a company car. He said if I thought that he was at fault, he'd take care of it. I guess he never actually admitted he was at fault but he said I was in his blindspot and couldn't see me so how would he know. You don't back up with your rear view mirror! :banghead:

Colin, how did you go about fighting it? I'm sure they'll try to push 50/50 but I thought that's the point of having a witness.

[Masked Bandit]

With an independent witness you SHOULD be okay. The fact that you hadn't started to move forward yet though may hurt you.

[M.alex]

i think you'll be fvcked.

My dad was parked in a parking spot (engine off, etc...) at co-op. The lady behind him backed out of her spot and rammed right into him (Again, parked car in a parking spot). She took 100% blame and my dad had a witness. The next day she changed her story and said he backed into her.

Even though he had a witness he ended up spending weeks fighting the insurance company and it was ultimately deemed 50/50 because "it was a parking lot". Total bullshit.

[revelations]

Wonder if a dashcam would have helped.

[01RedDX]

.

[revelations]

The question is, who was stationary at the time of impact. A dashcam should capture that moment. If forward-facing, it would show no motion on the OPs part when the horn was activated.

[know1edge]

.

[BAB Inc]

is it even worth making a claim, i cant see that costing too much, the bumper is $319, paint and install is about $500. (based on my ultramate Mitchell)

your deductible is prob around 250....

is it worth making a claim for $569? :dunno:

[BAB Inc]

Originally posted by revelations
The question is, who was stationary at the time of impact. A dashcam should capture that moment. If forward-facing, it would show no motion on the OPs part when the horn was activated.

only if back-up cams had record..........

shark tank invention :rofl:

[colinxx235]

Originally posted by BAB Inc


only if back-up cams had record..........

shark tank invention :rofl:


Blackvue makes a dual front/rear camera with record....

[Disoblige]

Originally posted by colinxx235


Blackvue makes a dual front/rear camera with record....
It would be cool if the car manufacturer's just added memory capability to existing back up cams. I don't see that being too difficult to do.

[Canucks3322]

This is one of the reasons I always back in to a stall... Not sure why it isn't mandatory to teach people this, saves a lot of grief. It's actually a lot easier once you learn it and technically gives a vehicle more maneuverability.

[colinxx235]

Originally posted by Disoblige

It would be cool if the car manufacturer's just added memory capability to existing back up cams. I don't see that being too difficult to do.


I fully agree, given modern technology it shouldn't be hard to set this up. Make customers by a MicroSD afterwards to whatever memory preference they want.

TBH I wonder how long until manufacturers integrate the system into cars both front/back. Don't think the camera guys would like it, but it would be a smart idea.

[revelations]

^ I can see it being an option in the future for sure. Eg. Russia gives discounts for drivers with dashcams therefore most people have one.

[jwslam]

Originally posted by colinxx235
TBH I wonder how long until manufacturers integrate the system into cars both front/back. Don't think the camera guys would like it, but it would be a smart idea.
Calling Nissan 360

edit: the camera, not the car.

[dirtsniffer]

Who doesn't back in?

[Disoblige]

Originally posted by dirtsniffer
Who doesn't back in?
Imagine if the rule was all cars had to back into spaces? T&T parking lot would have 2000% increase in accidents.

[revelations]

Kinda hard to load groceries when your vehicle hatch/trunk is backed up against another - then there is the moving of groceries by hand beside your car.

[botox]

I think this is going to be 50/50. In my mind you weren't stationary. Stationary would be like parked, not moving at all in your spot. It sucks, but good luck.


Originally posted by Canucks3322
This is one of the reasons I always back in to a stall... Not sure why it isn't mandatory to teach people this, saves a lot of grief. It's actually a lot easier once you learn it and technically gives a vehicle more maneuverability.


Originally posted by Disoblige

Imagine if the rule was all cars had to back into spaces? T&T parking lot would have 2000% increase in accidents.

Working in OG this makes total sense in case of an emergency, but in a shopping mall, not so much. If this was a rule, I would park as far away as possible in and around Asian shopping areas. I remember back in the day there were a few tight parking lots in China town and many times after sitting there being blocked by someone who was doing an Austin Powers park job and couldn't get in/out of a spot, I would tell them to get out of the car and I would finish the job for them.:banghead:

[Maxt]

In Japan, people look at you like you are fucked up,if you don't back into the stall.

[jsn]

Originally posted by botox
I think this is going to be 50/50. In my mind you weren't stationary. Stationary would be like parked, not moving at all in your spot. It sucks, but good luck.



What makes you think I wasn't stationary? I had my foot on the brakes. What reason do I have to lie on an online forum. It's not like I'm here to plead my case to the insurance/adjuster. I just came to ask advice/personal experience. No I was not parked, but I'm using the literal term for stationary (not in motion). Yes I realize now it may not help me win my case, but I was by definition, stationary.

I'm usually 50/50. Sometimes I back in, sometimes I drive in. In this case, I doubt it would have prevented the accident. I watched him the whole time which is why I was able to honk at him. He didn't see me which is why he backed into me.

[botox]

Originally posted by jsn


What makes you think I wasn't stationary? I had my foot on the brakes. What reason do I have to lie on an online forum. It's not like I'm here to plead my case to the insurance/adjuster. I just came to ask advice/personal experience. No I was not parked, but I'm using the literal term for stationary (not in motion). Yes I realize now it may not help me win my case, but I was by definition, stationary.

I'm usually 50/50. Sometimes I back in, sometimes I drive in. In this case, I doubt it would have prevented the accident. I watched him the whole time which is why I was able to honk at him. He didn't see me which is why he backed into me.

That was not what I meant and not accusing you of lying at all and I believe it's 100% the other guys fault for not seeing you come out first. I'm just saying that you said you were stopped/stationary but you were probably still in gear coming out of your spot. To me a parked vehicle is stationary, but I'm not an insurance agent and this is just my take on how insurance may look at it. Sorry for the wording confusion, I really do hope you don't have to pay for this.

[max_boost]

Shitty deal Jason! Hope it works out in your favor.

[samo147]

Same thing happened to me at the NE costco a few years ago. I was already backing up then this big white van starts backing up too... I stop moving and honk numerous times. Boom he bumps into my car. We both get out.

Me: Didn't you see me backing out
Him: Yeah...
Me: Why didn't you stop
Him: I didn't think you were that close
Me: Well you hit me
Him: Yeah sorry

I just looked at the damage and it was just a small scrape on an old car so I didn't bother with anything but your damage looks pretty bad. Good luck with insurance hope it goes in your favor.

[Swank]

Originally posted by dirtsniffer
Who doesn't back in?
The same people who don't rev-match or check their tire pressure, all lights are fully functional, and license plate is fully visible before driving each time.