Got hit while backing out :(

[SD_GT]

So guys, long story short I was pulling out of my parking spot when an older Mustang sped through the lot and hit my rear bumper. My car was already visibly out of the spot and I have 3 witnesses who can verify that the other driver was speeding. The kid panicked and asked not to get insurance involved and said he'd pay cash. I said that was fine since all I'd need to be 100% again is a re-spray on my rear bumper. Well, lo and behold I text him the quote the next day and he responds with "I'm contacting my insurance". I simply respond with a thumbs up emoji and think to myself that this is going nowhere and I'll just pay it out of pocket and let the kid slide.

Today I get a call from a number I didn't recognize so I didn't answer. I googled the number and found out that it was a local insurance company. It is my understanding that in CA, the vehicle backing out would be at fault under normal circumstances. However, my car was visible, loud as hell, and I have witnesses stating he was speeding when he hit me.

I wanted to ask if you guys have any tips before I start the process with my insurance company and what you guys would do in my situation. I just want to do my best to avoid getting screwed.

Thanks.

Edit: I'm selling the vehicle due to my already insanely high insurance and would like for it to not spike up again. Also, I called local PD and they said they would only come out if someone was injured. Yes, I understand I shouldn't have let him slide but I felt for the kid and gave him the benefit of doubt.

Edit-Edit: I have a video of the other party admitting fault but didn't get a clear view of his face. Shortly after admitting fault, his friend states "no dude, you're not supposed to admit shit like that here."

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[WHealy]

In Indiana, if a vehicle is backing up, they almost always get the blame. But best if luck with yours.

 

[SD_GT]

In Indiana, if a vehicle is backing up, they almost always get the blame. But best if luck with yours.

I figured as much.. I was hoping I'd have a shot with my witnesses.

 

[wildcatgoal]

Always file a police report at the scene...

 

[cbrookre]

Same exact thing happened to me at Costco, could not really see out of my spot very well so was backing out very slowly (in our Expedition) and suddenly this car appears in my mirror. I was about 40% out of my spot at the time. Slammed on the brakes, and he hit the trailer hitch mount, which sticks out past the bumper by maybe 1", it caught the very back of his back door and the plastic molding around the rear fender well in his car. All of the damage to his car was front to back (scrape and moulding pulled out backwards). Literally zero damage to my car. Had a witness that said the exact same thing as yours, reported to insurance, argued my case and they assigned the "blame" 60/40 to me. Still have not heard what that means cost wise. It is very difficult to not take the blame when you are backing out of a spot...

 

[timd38]

I guess the cross directional radar did not work as advertised.

Good luck with the repair.

 

[Mr. Brutus]

Very sorry to hear about your situation. For those that are ordering or going to buy, the backup sensors are amazing and could have possibly saved you. I wouldn't have ordered them because I didn't like the way they looked on the back bumper, but they work great and have a feature that looks far left and right while you are backing out. The alarm goes crazy if someone is driving perpendicular in your path. It has saved me already twice.

 

[Chameleon]

Post the video.

 

[jasonstang]

Can't you just file a police report on your own? You don't need to have a police to do it for you.

 

[SD_GT]

Always file a police report at the scene...

Tried to. Local PD didn't want to come out unless someone was injured.

Same exact thing happened to me at Costco, could not really see out of my spot very well so was backing out very slowly (in our Expedition) and suddenly this car appears in my mirror. I was about 40% out of my spot at the time. Slammed on the brakes, and he hit the trailer hitch mount, which sticks out past the bumper by maybe 1", it caught the very back of his back door and the plastic molding around the rear fender well in his car. All of the damage to his car was front to back (scrape and moulding pulled out backwards). Literally zero damage to my car. Had a witness that said the exact same thing as yours, reported to insurance, argued my case and they assigned the "blame" 60/40 to me. Still have not heard what that means cost wise. It is very difficult to not take the blame when you are backing out of a spot...

Well, a friend of mine just informed me that CA is a "no-fault" state so hopefully this ends up with him repairing his car and me repairing mine at the worst. Best case would be for the kid's insurance to repair mine as well but I'm not getting my hopes up.

I guess the cross directional radar did not work as advertised.

Good luck with the repair.

Guess not.. Thanks man.

Very sorry to hear about your situation. For those that are ordering or going to buy, the backup sensors are amazing and could have possibly saved you. I wouldn't have ordered them because I didn't like the way they looked on the back bumper, but they work great and have a feature that looks far left and right while you are backing out. The alarm goes crazy if someone is driving perpendicular in your path. It has saved me already twice.

I actually have the back-up sensors. He pulled up behind me so quick that my sensors didn't alarm until he actually made contact with my rear bumper. I'm not knocking the sensors though, they are awesome.

Post the video.

Can I do that without any lawsuit or anything coming my way?

Can't you just file a police report on your own? You don't need to have a police to do it for you.

I can try. Would that do me any good at this point?

 

[SD_GT]

Here's the video. Unfortunately my buddy didn't get his face. His friend decided to speak up after the other party already agreed to being at fault. Will this help me at all?

 

[Steeeliskt]

Well, a friend of mine just informed me that CA is a "no-fault" state so hopefully this ends up with him repairing his car and me repairing mine at the worst. Best case would be for the kid's insurance to repair mine as well but I'm not getting my hopes up.

I'm not sure why they told you CA is a "no-fault state". Maybe when talking about workers compensation, but definitely not personal auto insurance. More than likely, you will be assigned at least 51% at fault. If that is the case, it will go against your driving record as 1 point and will increase your insurance premiums for the next 3-5 years. 2 points if the insurance carrier pays out even $0.01 for bodily injury.

If there is <$1,000 paid out by the insurance company, regardless of fault, they won't get you for a chargeable violation. It is interesting that you have witnesses and video admitting fault. That may be enough to get your insurance companies to split liability 50/50 and the insurance companies will pay repairs for each vehicle respective to their insurance company.

I wouldn't let the kid slide. Some lessons have to be learned the hard way. When he has increased insurance premiums for many years, he will think twice before speeding through a parking lot. That could have been a child walking out of the space that he hit instead of your car.

 

[SD_GT]

I'm not sure why they told you CA is a "no-fault state". Maybe when talking about workers compensation, but definitely not personal auto insurance. More than likely, you will be assigned at least 51% at fault. If that is the case, it will go against your driving record as 1 point and will increase your insurance premiums for the next 3-5 years. 2 points if the insurance carrier pays out even $0.01 for bodily injury.

If there is <$1,000 paid out by the insurance company, regardless of fault, they won't get you for a chargeable violation. It is interesting that you have witnesses and video admitting fault. That may be enough to get your insurance companies to split liability 50/50 and the insurance companies will pay repairs for each vehicle respective to their insurance company.

I wouldn't let the kid slide. Some lessons have to be learned the hard way. When he has increased insurance premiums for many years, he will think twice before speeding through a parking lot. That could have been a child walking out of the space that he hit instead of your car.

So if less than $1,000 is paid out to repair my vehicle, my premiums won't go up. Am I understanding that correctly?

 

[Steeeliskt]

Here's the video. Unfortunately my buddy didn't get his face. His friend decided to speak up after the other party already agreed to being at fault. Will this help me at all?

I only listened to it once, but it sounds like one of you prompt him with "you understand it's your fault" and he just says OK, after admitting he doesn't know how this type of situation works. I don't think that will hold up well with an adjuster.

Each insurance company will call you both and take a recorded statement. If he is foolish enough to admit fault, it will be a no brainer and his insurance company will assume liability for it. If dude lies, you will probably be SOL. Again.. hopefully damage is less than $1,000... then it won't matter.

 

[Steeeliskt]

So if less than $1,000 is paid out to repair my vehicle, my premiums won't go up. Am I understanding that correctly?

A bit more complicated than that. It's $1,000 TOTAL. That means damage to your vehicle and damage to his vehicle should you be found at fault and liable.

Not only that, but if you are found liable, you would still be responsible for your collision deductible before your insurance company paid out. It can look and seem like the smallest blemish ever, but once body shops get involved, it can go over $1,000 very quickly.

Edit -- but yes, if you are found at fault and insurance company pays out less than $1,000 total, in CA, it won't go against your insurance.

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