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Old 07-23-2013, 11:55 AM   #1
ToyComa92 [OP] ToyComa92 is offline
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Am i really at fault?!

A couple weeks back i was in a kohls parking lot and as i was backing up a person behind me was backing up as well, my rear bumper on the passenger side got smashed in and the other person got hit on their rear quarter panel we exchanged over and left.

NO witnesses.
NO images taken at the scene.
NO police were called.

They are saying it was my fault because her quarter panel didnt have scraps but i do her black goes from my bumper cap to my rear fender flare.

How the fuck am i at fault where there were no pictures taken at the scene and no witnesses and no police report.

Should i take her to court and prove that the photos taken were almost a week after the accident so whats to say she didnt alter the damage in some way?

Do i take her to small claims court to make her prove or do i sue her... The damage was 850 dollars. Just to pull a dent and paint... I dont think so.

PLEASE i need your guys help i cannot afford to have my rates go up.
 
Old 07-23-2013, 11:57 AM   #2
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You were both at fault, if it's worth your time go ahead and fight it.
 
Old 07-23-2013, 12:00 PM   #3
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For one thing it shouldn't go on your record as far as the DMV. From what I know an SR1 can not be filled while on private property. But the insurance company rates will probably go up. I honestly couldn't say who's at fault that's a hard one but the pictures is a huge part of that.
As far as the 850 that sounds about right for a location that partners with AAA or another higher class insurance company. I have some rear trail damage a small dent and scratched paint lightly on the tailgate (You can see it in my sig, near the bottom slightly left and above my license plate.). I took it to get a quote and they quoted me about 900 dollars to knockout this about 1 1/2 inch dent and repaint that small portion.
 
Old 07-23-2013, 12:01 PM   #4
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If my rates are going up then i will take her straight to court. I should be allowed to make a claim against insurance like shes doing to me.
 
Old 07-23-2013, 12:02 PM   #5
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Quote:
Originally Posted by ToyComa92 View Post
If my rates are going up then i will take her straight to court. I should be allowed to make a claim against insurance like shes doing to me.
I would do so if you both were doing the exact same thing. Evidence is the one thing that could make or break this..and without it idk..
 
Old 07-23-2013, 12:05 PM   #6
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Got some more info here:

If both parties are backing and both admit that they are backing, the fault lies with both drivers. The point of impact on each vehicle would be used to determine who was mostly out of the parking space and a percentage would be assinged to each person. If you both hit each other rear bumper to rear bumper, it would likely be 50%. How much you are able to recover from the other insurance company depends on what state you are in. In some states, you would recover nothing, some states you would recover 50% and the other party would recover the same from your policy.
As a claims liability adjuster for several years, I can assure you there are very few parking lot accidents in which both drivers admit they were backing. Your insurance company would have to complete an investigation to gather facts and determine if they have enough evidence to support either driver's version of the accident. An independent eyewitness (NOT a passenger in either of the vehicles) can usually clear things up quickly. Also check with the store where the accident happened and verify if they have videotape of the parking lot. Many do and liability can easily be determined with a video of the accident. If there is no tape, no eyewitness, the points of impact do not reveal anything and both driver's are saying they were not backing at the time of impact, it would be a word versus word dispute and each would file with his own insurance company.
 
Old 07-23-2013, 12:05 PM   #7
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Have you talked to your insurance company? What did they say?

Only thing I can figure based on what you've said is that they might be arguing that they were already backing out before you started and you backed into them - since they got hit in the quarter panel by your bumper, they presumably were out / turned farther than you?

Realistically it probably is both your fault - you both should have been paying better attention. If one party was backing out before the other, the one who started backing out after is probably more at fault, but the first person should have been paying attention while they were backing out as well - they probably could've seen the second start backing towards them and pulled back in / gotten out of the way.

If your accident and ticket record is otherwise clean, I wouldn't really worry about rates going up. One minor thing like that is unlikely to affect them significantly if at all, at least in my experience.
 
Old 07-23-2013, 12:08 PM   #8
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Your both at fault, IMO. But without seeing the damage, the way you described it and how the insurance might see it is you backed in to the other car due to how the damage occurred.

You can explain your point of view to the insurance and they will decide either way.
 
Old 07-23-2013, 12:10 PM   #9
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Is she sending her insurance after you? If it's the insurance, then both insurance companies can duke it out. Your insurance company should fight like mad on your behalf because they don't want to pay for anything if they can help it.
 
Old 07-23-2013, 12:11 PM   #10
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Assuming it's their insurance saying you are at fault...
Since there really isn't any evidence either way, they're going to say whatever they want to put the blame on you.
 
Old 07-23-2013, 12:13 PM   #11
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I just dont get how she can prove anything... Innocent until proven guilty! ha Mind you this is a 1998 4runner.
 
Old 07-23-2013, 12:13 PM   #12
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Quote:
Originally Posted by Chickenmunga View Post
Is she sending her insurance after you? If it's the insurance, then both insurance companies can duke it out. Your insurance company should fight like mad on your behalf because they don't want to pay for anything if they can help it.
That's what insurance is for. Thanks for helping Meg.
 
Old 07-23-2013, 12:16 PM   #13
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Quote:
Originally Posted by trailtaco View Post
Your both at fault, IMO. But without seeing the damage, the way you described it and how the insurance might see it is you backed in to the other car due to how the damage occurred.

You can explain your point of view to the insurance and they will decide either way.
I have to say i agree - it seems you each are responsible for not seeing each other while backing up. I'm not blaming you, it could have been hard to see, just stating i'd slap the shit out of her if she's saying you are 100% at fault.
 
Old 07-23-2013, 12:16 PM   #14
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OP, from what I can determine you haven't filed a claim at all with your insurance, you should do that, however, reporting two or three weeks after the fact is not gonna look good....

if you do not notify your insurance, you are on your own, best to let the insurance companies battle it out, that is why you pay for it...

as far as the accident goes, I was witness to about the same kind of accident at a Homey Depot store a couple of years back, it was hard to determine blame, but certainly it falls on both drivers for sure...

good luck...
 
Old 07-23-2013, 12:20 PM   #15
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The thing is, i think we are both at fault, Shes expecting my insurance to fix her truck but there were no pictures at the scene so how can she proof exactly what happened.

Im at fault because oh her vehicle its a direct hit and not scrapes... Whos to say she didnt have her quarter panel altered?
 
Old 07-23-2013, 12:22 PM   #16
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If I were her, and known it was partly my fault, I would have let it go. A 98 4R isn't worth that much headache
 
Old 07-23-2013, 12:29 PM   #17
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Quote:
Originally Posted by ToyComa92 View Post
my rear bumper on the passenger side got smashed in and the other person got hit on their rear quarter panel we exchanged over and left.


They are saying it was my fault because her quarter panel didnt have scraps but i do her black goes from my bumper cap to my rear fender flare.
Just reread this so do you have rear quarter panel damage as well? Pics of your damage?
 
Old 07-23-2013, 12:31 PM   #18
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Your bumber is damaged, and her rear panel is damaged. To me, she was more out of her spot, unfortunately leaving you with more of the blame.
 
Old 07-23-2013, 12:35 PM   #19
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Quote:
Originally Posted by trailtaco View Post
Just reread this so do you have rear quarter panel damage as well? Pics of your damage?
Quote:
Originally Posted by T Fades View Post
Your bumber is damaged, and her rear panel is damaged. To me, she was more out of her spot, unfortunately leaving you with more of the blame.
i will throw up pics in a minute.

I think its only fair that we are both to blame and her and i can pay our own deductible if you chose, Shes stupid my grandpa could have fixed it for free!
 
Old 07-23-2013, 12:39 PM   #20
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Quote:
Originally Posted by ToyComa92 View Post
A couple weeks back i was in a kohls parking lot and as i was backing up a person behind me was backing up as well, my rear bumper on the passenger side got smashed in and the other person got hit on their rear quarter panel we exchanged over and left.

NO witnesses.
NO images taken at the scene.
NO police were called.

They are saying it was my fault because her quarter panel didnt have scraps but i do her black goes from my bumper cap to my rear fender flare.

How the fuck am i at fault where there were no pictures taken at the scene and no witnesses and no police report.

Should i take her to court and prove that the photos taken were almost a week after the accident so whats to say she didnt alter the damage in some way?

Do i take her to small claims court to make her prove or do i sue her... The damage was 850 dollars. Just to pull a dent and paint... I dont think so.

PLEASE i need your guys help i cannot afford to have my rates go up.
We can all be highway lawyers, but understand that laws vary from state to state. That being a fact, I refer you to this link on a lawyer's website (from YOUR state, Colorado). Check the third paragraph, where it discusses " When both drivers are at fault"

http://www.coloradotortlaw.com/Perso...nsurance.shtml


Good luck, and I hope you prevail.
 
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