AK805

Hey guys, awhile ago I made a thread about a car accident that I was involved in. It wasn't anything big, but still $1,000 worth of damage.

I was backing out of my driveway, when the truck parked infront of my house, maybe 1 1/2 ft away from my driveway backed up into me.

Her insurance said they "Investigated" and it's a 50/50 since both parties denied fault. I think it's bull because how am I guilty for doing nothing? In the letter I recieved, they said they came to that conclusion because "Both" parties were not careful when backing up. wtf? lol. Yeah, "BOTH" ... That's b/s... Here's a pic. of the location of my car from where I was already out. You tell me if I was already out or not. The truck is moved up a bit, but that's only because when she hit me, she immediately moved forward, and back to her 1 1/2 ft away from my driveway because there was a car parked infront of her.





You can obviously tell I was already out, and that SHE had to wait for me. I'm fighting this. It's b/s.

robertrinaustin

iTrader: (5)

It looks like you're both at fault to me. You both backed into the same space. I'm actually a little surprised her insurance didn't say it was completely your fault.

AK805

Yeah, but wouldn't you think that if we both backed out at the same time, that the damages would be in different parts, perhaps on BOTH cars?

kungfugirl

iTrader: (4)

WATCH WHERE YOU BACK UP. seriously for saying this is BS u should get 100% blame. just lame.

AK805

I'd like more explanation lol. Telling me to watch out isnt saying anything. I back out of my driveway every day, there are old people always walking by, and the same guy with his same dog. I'm always careful. So now I have to be careful with cars that aren't even turned on. I looked, I saw, I backed up. I stopped. Looked again. All of a sudden. BAM.
she must have been in a hurry or something, but she just backed up into me. She even said "SORRY I DIDNT SEE YOU." shes a neighbor. only now she had told the insurance it wasnt her fault. so she switched her story from what she told me.

kungfugirl

iTrader: (4)

i suppose its all relative to opinion on the matter, IMHO u are at fault as well, because there is no way to know who was moving? i dont really know what happened and neither does insurance. have fun, don your flame suit and good luck

robertrinaustin

iTrader: (5)

You were backing up and she was backing up. You hit each other. Why isn't it 50% your fault?

AK805

Yeah I understand where you're coming from, all I was saying though was that if she had about 2 ft to back up, and I had to go down a driveway, maybe about 5 ft to go down, and if we BOTH backed up at the same time as she said happened, then she would have been more across my driveway, and I would have hit her whole side. no? she said we both went at the same time. For me to have gotten to the point where i got to, while she was too moving, I would have had to put the car in reverse and basically floor it. that would be stupid: the car have had a hard hit on the floor because of the dip. I'm going to try to use that.

kungfugirl

iTrader: (4)

^^^
This is not a math problem, we could consider that the slope of the hill on your driveway has a grade of 15% and therfore your velocity at idle, if indeed that was your tps, put you at a higher rate of speed and therfore, coupled with her having a larger vehicle, she was slower moving than you and you made more distance faster and hit her.

There are too many what if's here. there is no indisputable evidence either way 50/50 seems fair to me.

AK805

ok. thanks. this input u gave was a lot better than the "WATCH WHERE YOU BACK UP. seriously for saying this is BS u should get 100% blame. just lame."

kungfugirl

iTrader: (4)

My appoliges, its just a silly thread regarding your silliness and i found it appropriate to let you know. Though i should say hey


Good luck battling your insurance companies.

radicaledward

iTrader: (7)

The vast majority of the time you are at fault if you hit someone when you are backing up - about the only time you can get out of it is when there are extenuating circumstances (i.e. you are mostly out of your packing spot and someone hits the side of your car). In this case since you were both backing up the 50/50 for the blame is what would be expected.

GTS_rider

50/50 seems fair... both backed up at the same time.. you guys hit EACHOTHER, the way I see it both have some fault....

thereasonsf3

iTrader: (2)

i say 50/50 as well. Well she was on the main street, and people who come out of drive ways should yield to people who are on the main intersection/street.

Its just like at a HEB here in Houston. Its a 6 lane street, but 3 lanes are going one way and the other 3 are going the other. People are trying to get out the parking lot and make a left turn that has to pass through 3 lanes to get to the opposite direction they are going for. And lets say im in the U-Turn lane and im intending to go the same direction you are trying to go as well. We are both at complete stops waiting until traffic clears out. Now we both see a chance and i begin my u-turn and the person coming out the grocery stores darts out, and we have an accident. Guess who is at fault? The person coming from the store because they have to yield to the person on the main street.

Sad to say but you should Yield to the person on the main street imho.

sharkm87

iTrader: (29)

if you were lookin back while you were backin up..you shoulda seen the truck moving....i would think