Got hit while backing out :(

[stang305]

Doesn't matter if he admits fault or not. Your at fault not the other driver. The person backing out does not have the right of way. Your are suppose to make sure you don't have any approaching vehicles from all directions and can back out safely without causing an accident. Even if he was speeding it doesn't matter. Expect your insurance rates to go up when doing a claim for 3 years until the accident is then cleared.

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[SD_GT]

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.

Got it. Well, guess all I have are my witnesses then. Thanks man.

Doesn't matter if he admits fault or not. Your at fault not the other driver. The person backing out does not have the right of way. Your are suppose to make sure you don't have any approaching vehicles from all directions and can back out safely without causing an accident. Even if he was speeding it doesn't matter. Expect your insurance rates to go up when doing a claim for 3 years until the accident is then cleared.

Thanks? Lol

 

[Steeeliskt]

Doesn't matter if he admits fault or not. Your at fault not the other driver. The person backing out does not have the right of way. Your are suppose to make sure you don't have any approaching vehicles from all directions and can back out safely without causing an accident. Even if he was speeding it doesn't matter. Expect your insurance rates to go up when doing a claim for 3 years until the accident is then cleared.

That may be true for FL, but definitely not true in CA. Especially if the other driver admits fault. While I will agree you are 99% more likely to be at fault for backing out of a parking spot, or rear-ending someone, that doesn't mean it always goes that way. I've been a broker for about 10 years, I have worked on many claims. I have seen many, many parking lot claims get settled for small amounts of money and both parties being taken care of by their insurance company without getting screwed.

It all really will come down to what the kid tells his and your insurance company when doing the recorded statements.

 

[SD_GT]

That may be true for FL, but definitely not true in CA. Especially if the other driver admits fault. While I will agree you are 99% more likely to be at fault for backing out of a parking spot, or rear-ending someone, that doesn't mean it always goes that way. I've been a broker for about 10 years, I have worked on many claims. I have seen many, many parking lot claims get settled for small amounts of money and both parties being taken care of by their insurance company without getting screwed.

It all really will come down to what the kid tells his and your insurance company when doing the recorded statements.

Wow, didn't know you actually work first hand with this. Thanks for commenting! Given the situation, what is the best advice you could give me? I just want to prepared when I contact my insurance.

 

[69mach1-395]

This happened to me in my first car in high school...some jack sped by as I was inching out and swiped me good. Luckily no police but we both spoke to his dad, who wasn't surprised by his boy's driving style. His dad split the damages with me rather than file for insurance.

 

[Steeeliskt]

Got it. Well, guess all I have are my witnesses then. Thanks man.



Thanks? Lol

Also, some advice.. you may want to take down your public videos of you breaking 100mph+ on a highway. You never know what insurance companies will be able to find. Just isn't a good idea to have that stuff public.

 

[SD_GT]

This happened to me in my first car in high school...some jack sped by as I was inching out and swiped me good. Luckily no police but we both spoke to his dad, who wasn't surprised by his boy's driving style. His dad split the damages with me rather than file for insurance.

I was honestly hoping the kid would stick to his word. Good to hear that it worked out in your situation though.

Also, some advice.. you may want to take down your public videos of you breaking 100mph+ on a highway. You never know what insurance companies will be able to find. Just isn't a good idea to have that stuff public.

What video.. (Done). Thanks!

 

[Steeeliskt]

Wow, didn't know you actually work first hand with this. Thanks for commenting! Given the situation, what is the best advice you could give me? I just want to prepared when I contact my insurance.

Were the witnesses random people or your friends that were with you? If random people, that will hold better than your friends as adjusters won't typically consider them a credible witness.

If you have no other accidents, and no other speeding violations, I wouldn't be too concerned about this. 1 point isn't a big deal even if it shakes out that way. 2 points and you lose CA good driver discount which is easily 20% + you get kicked out of whatever preferred program you are in. The other kid already contacted his insurance so you will have to go through the process. Let's say his vehicle is $700 to repair and yours is $500. If you are found at fault, I would just let your insurance company make him whole for the $700 (keep in mind, they will cover a rental for him while his car is down) and then you take care of your own damages out of pocket that way it doesn't go against your driving record as a chargeable violation.

 

[SD_GT]

Were the witnesses random people or your friends that were with you? If random people, that will hold better than your friends as adjusters won't typically consider them a credible witness.

If you have no other accidents, and no other speeding violations, I wouldn't be too concerned about this. 1 point isn't a big deal even if it shakes out that way. 2 points and you lose CA good driver discount which is easily 20% + you get kicked out of whatever preferred program you are in. The other kid already contacted his insurance so you will have to go through the process. Let's say his vehicle is $700 to repair and yours is $500. If you are found at fault, I would just let your insurance company make him whole for the $700 (keep in mind, they will cover a rental for him while his car is down) and then you take care of your own damages out of pocket that way it doesn't go against your driving record as a chargeable violation.

The witnesses were the business owner, an employee and a passer-by.

I have a couple prior speeding tickets and my insurance is high as it is. Which is why I'm pushing so hard to fight this.

 

[Steeeliskt]

The witnesses were the business owner, an employee and a passer-by.

I have a couple prior speeding tickets and my insurance is high as it is. Which is why I'm pushing so hard to fight this.

Bummer. Hopefully the damage on his vehicle isn't too bad. Did you take any pictures?

 

[Sal33n]

Many years ago in Michigan a guy pulled out in front of me on the road causing an accident. I almost got around him but he hit my rear quarter panel causing me to spin out. Because I was speeding I was found at fault. Argued in court that I had right of way on road and he pulled out in front of me. Judge said it didn't matter that because I was breaking the law by speeding that it was my fault.

You should have reasonable expectations of what other drivers may do. It was reasonable to back out given what you can see in a parking lot and not expect someone to speed in a close environment giving you fractions of a moment to react. It's a "parking" lot not a driving lot.

 

[SD_GT]

Bummer. Hopefully the damage on his vehicle isn't too bad. Did you take any pictures?

I took a few. This is all of his damage right here.



About how much do you think this will come out to?

Many years ago in Michigan a guy pulled out in front of me on the road causing an accident. I almost got around him but he hit my rear quarter panel causing me to spin out. Because I was speeding I was found at fault. Argued in court that I had right of way on road and he pulled out in front of me. Judge said it didn't matter that because I was breaking the law by speeding that it was my fault.

You should have reasonable expectations of what other drivers may do. It was reasonable to back out given what you can see in a parking lot and not expect someone to speed in a close environment giving you fractions of a moment to react. It's a "parking" lot not a driving lot.

That's my train of thought as well. Hopefully I can argue this point and my witnesses can help. Sorry about your situation man.

 

[Steeeliskt]

I took a few. This is all of his damage right here.



About how much do you think this will come out to?



That's my train of thought as well. Hopefully I can argue this point and my witnesses can help. Sorry about your situation man.

I'm not an expert at estimates, sorry. All I know is bumpers being replaced by body shops + labor = very expensive, very quickly. Also, it appears that he already cleared some of your parking spot before you both made contact. It would have looked better if he basically t-boned your rear, however it appears he actually got his nose past your spot and then you backed into him. I don't think it looks good for you. Better hope the witnesses all saw the same exact thing and the dude admits he was speeding through parking lot and hit you.

edit: nevermind, looks like it may just be the lighting or because he hit the front of his bumper, it crunched it on the side.

 

[SD_GT]

I'm not an expert at estimates, sorry. All I know is bumpers being replaced by body shops + labor = very expensive, very quickly. Also, it appears that he already cleared some of your parking spot before you both made contact. It would have looked better if he basically t-boned your rear, however it appears he actually got his nose past your spot and then you backed into him. I don't think it looks good for you. Better hope the witnesses all saw the same exact thing and the dude admits he was speeding through parking lot and hit you.

And if he doesn't admit to speeding, could security camera footage help?

 

[Steeeliskt]

And if he doesn't admit to speeding, could security camera footage help?

If you can get it and it shows him racing around the parking lot, that would certainly look better for you.

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