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Thread: Insurance finding a stationary vehicle at fault?

  1. #1
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    Default Insurance finding a stationary vehicle at fault?

    Any thoughts on if there's a way to appeal this 50/50 fault determination?
    My black Jeep was car A in the image, car B was a silver Jetta, on the afternoon of June 30th near Edworthy Park bridge / Angel's Cafe parking lot.

    collision.jpg

    Allstate says: When it comes to backing or reversing scenarios, the courts have determined that the only time a vehicle is not considered to be in reverse is when it is moving forward. When I spoke to you on July 18th (before I settled liability with Intact) you confirmed that you were not moving forward. The reason why a vehicle is not considered in reverse only when it is moving forward is because it is very hard to prove that a vehicle is not in reverse gear.
    To me this seems ridiculous, and means to not be at fault I should have stepped on the gas to ram him instead of stopping and laying on the horn. Multiple witnesses but none stopped to give details, and insurance won't take into account my passenger as a witness. I've since installed a dash cam, as a video would have made it clear it was 100% the other party's fault. At the time it occurred, the other driver was very much aware it was their screw-up and apologetic, saying they didn't see me. Short of an independent witness magically appearing, or confronting the other party and trying to get them to admit fault in writing, seems I'm hooped.

    Damage to my vehicle was about $1300 for a new bumper. Annual premiums will increase by a minimum of $800 based on various quotes by having this on my record. Had I thought there was any likelihood of being found at fault I never would have made the claim, and when I first reported it to them they suggested I would likely not be found at fault. They changed their tune when they called me back a few weeks later, saying they were settling it 50/50, which I contested and eventually got the above quoted response today.

    As an aside, here's a record of Allstate's quality of service:
    Sun. June 30 3pm: Collision occurs
    Sun. June 30 4pm: Reported to Allstate, say an adjuster will follow up by July 2 EOD. Does not happen.
    Fri. July 5: Call Allstate to find out why I have not been contacted. Told I will be contacted by an adjuster by Mon. July 8 EOD. Does not happen.
    Tues. July 9: Call Allstate to find out why again I have still not been contacted. They can't find my claim and hang up on me when transferring me to a different department.
    Tues. July 9: Call Allstate again. Get through and have to repeat everything previously stated June 30. Person I talk to takes over the file and provides me their contact info and a claim number.
    Thur. July 18: Receive call from Allstate adjuster stating 50/50 fault finding. I question it. Get authorization for repair work.
    Sat. July 20: I send diagram and request clarification via email.
    Thur Aug 1: I follow up with request for a response/acknowledgement of my email.
    Fri. Aug 2: Receive response quoted above.

  2. #2
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    If they determined that you were not moving forward, wouldn't the conclusion be that you didn't cause the collision since the contact was at your front bumper? How do you hit something with your front bumper going backward? The conclusion contradicts with their reasoning.

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    I ended up in an exact same situation 2 weeks ago.

    Laid on the horn and the person finally stopped after like 3 seconds and inches from bumper. Then they decided to stay put so that I was stuck. Finally after 30 seconds (and people gathering around) I ended up getting out of the car and telling them to pull the fuck back in or stay here the rest of the day.

    Complete idiocy behind the wheel. Nothing like watching a retard backup slowly and ignore the obvious. Thank christ I had a dash cam in case their reaction time was 4 seconds to a horn right behind them, instead of 3.

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    Do you have any witness?
    I was in similar situation while back. Lady driver drove passed the vehicle was about to back out of stall. I flickered signal to show my intention of taking a spot and completely stop. Lady driver in front of me wanted the spot and started driving reverse into me.
    I got very lucky as I had a couple witness in the parking lot while she was yelling at me with same bull shit story(50/50 in the parking lot)

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    I know this doesn't help the OP (he's screwed anyway) but as a public service announcement I encourage everyone to park facing forward whenever possible to avoid situations like this. If that means backing into a stall or pulling through a double stall, many 50/50 situations like this would be avoided if you didn't have to back out of a parking spot.

    Sorry OP but you're hooped here.
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    Quote Originally Posted by Masked Bandit View Post
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    I know this doesn't help the OP (he's screwed anyway) but as a public service announcement I encourage everyone to park facing forward whenever possible to avoid situations like this. If that means backing into a stall or pulling through a double stall, many 50/50 situations like this would be avoided if you didn't have to back out of a parking spot.

    Sorry OP but you're hooped here.
    It's also safer as has been proven repeatedly.
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    Quote Originally Posted by freshprince1 View Post
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    I'm glad this is such a safe space full of support and encouragement.

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    I park far away from civilization. I am anti social parker, aka peter parker.

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    Quote Originally Posted by lilmira View Post
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    I park far away from civilization. I am anti social parker, aka peter parker.
    Yea same here - normally. I will much rather walk an extra 30s than spend than time trying to park in a congested area.

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    Always back in, at the back. What kind of monster would just park with the plebs. No fucking way.
    Quote Originally Posted by Gestalt View Post
    Im the one with a learning disability....

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    Ya, normally I too park away from the crowds and facing out, but one of those cases of a jammed lot where I just took what I could get. Plus parking away from the crowds was part of my only other insurance claim I've ever had to make, as being lower traffic made it a nice target for thieves to steal my mountain bike off my rack without attracting attention. There is no winning.

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    Quote Originally Posted by ExtraSlow View Post
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    It's also safer as has been proven repeatedly.
    I always do this now if I don't need load tons into my trunk.

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    It actually sounds like insurance is confused about which car is yours.

    But who knows, insurance is fucked. I just had some 22 year old kid change lanes without looking and smash in to the wife a few weeks ago. It is pretty clear by the damage(our front wheel, and his rear quarter panel) who hit who. Unless my wife is a complete idiot and just swerved into a car in plain sight while she was in his blind spot. But the little shit ran straight to the police station to file a report that she swerved into him, and insurance says with conflicting stories it is 50/50 most likely. Unless some unicorn witness comes forward. Speaking of which, if anybody happened to be in Edmonton July 11 and saw this, I'd be willing to buy your statement from you.

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    Quote Originally Posted by Masked Bandit View Post
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    I know this doesn't help the OP (he's screwed anyway) but as a public service announcement I encourage everyone to park facing forward whenever possible to avoid situations like this. If that means backing into a stall or pulling through a double stall, many 50/50 situations like this would be avoided if you didn't have to back out of a parking spot.

    Sorry OP but you're hooped here.
    Completely agree. To me backing into a spot is actually way easier to center the vehicles in the spot as well.

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    Something sort of similar happened to my mom a month ago.

    She was waiting for a car to pull out of their spot so she can take it, and the parked car right beside her apparently didn't see her there (she drives a SUV) and just backed into her as they back out of their stall. At first I thought shit, this is going to be 50/50 since it's a parking lot accident, but because the damage was done to her rear passenger door, the insurance company accepts that my mom was stationary and the other driver is 100% at fault. $2500 worth of damage just like that.

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