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fender bender whos at fault?

Discussion in 'Off-Topic Discussion' started by fireturk41, Mar 20, 2010.

  1. Mar 20, 2010 at 8:22 PM
    #1
    fireturk41

    fireturk41 [OP] I like to break shit!

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    hey yall, i was at the park with my gf, we were parked in a parking space, the kind where you back out onto the street and drive off. it was dark and we had been sitting in the truck for about an hour, i throw the truck in reverse look behind me and check my mirrors and start backing. some ass hat parked his car in the road right under my rear bumper, needless to say i hit his black parked car, we called police, and the two people from that vehicle first claim they parked behind me, then claim they were driving and i pulled out and then claimed that they were sitting behind me with the vehicle running, and then proceded to argue infront of the officer who was driving...the officer wrote none of this down and said in relation to them parking behind me that insurance will have to fight it out


    whos at fault? btw no damage to taco, they have guaged and a hole in their hood and missing a headlight
     
  2. Mar 20, 2010 at 8:27 PM
    #2
    topgun155

    topgun155 Well-Known Member

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    Sounds like they double parked you so their fault in my mind. Especially when they start to lie about things.
     
  3. Mar 20, 2010 at 10:14 PM
    #3
    mntbiker2008

    mntbiker2008 First I derp.. then I herp

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    sounds like they are at fault.
     
  4. Mar 20, 2010 at 11:18 PM
    #4
    JimBeam

    JimBeam BECAUSE INTERNETS!! Moderator

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    if they were moving then youd be at fault...if they were illegally stopped in the roadway (ie other than for a red light etc) then theyd be at fault...at least here
     
  5. Mar 21, 2010 at 9:23 AM
    #5
    fireturk41

    fireturk41 [OP] I like to break shit!

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    thanks, cause they were literally parked right behind me in the road and i backed over their hood, by the damage there is no way they were moving cause its straight back
     
  6. Mar 21, 2010 at 10:36 AM
    #6
    JimBeam

    JimBeam BECAUSE INTERNETS!! Moderator

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    did you take pictures?
     
  7. Mar 21, 2010 at 10:45 AM
    #7
    Black Taco

    Black Taco Well-Known Member

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    It sounds like your upset that you didn't receive a ticket for improper backing? If it was a child back there, would it be the child's fault? Be thankful, the Officer made the best decision based on the facts and damage. The insurance companies will determine who was more at fault.
     
  8. Mar 21, 2010 at 10:57 AM
    #8
    stenyeart

    stenyeart Well-Known Member

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    By law, you are at fault. If they were double parked, it still does not get you out of backing into them. However, there is good news for you. If no one recieved a ticket from the police officer, generally what insurance companies do is have your insurance fix your car and their insurance will fix their car. Since you have no damage, you will be good.
     
  9. Mar 21, 2010 at 10:58 AM
    #9
    ColtsTRD

    ColtsTRD .....

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    Their fault! Double parked indeed! And their lyin about it? whatta bunch of POS!!!
     
  10. Mar 21, 2010 at 11:02 AM
    #10
    fireturk41

    fireturk41 [OP] I like to break shit!

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    unfortunately we didnt, it didnt come to mind till later

    however i dont think its fair that they can park under my rear bumper to show how low their car is to their friends and then bitch when i didnt see it

    i hope that the ins cos. just say yall fix your own damage

    they were in a car club and i think they were showin off cause the only reason we left is because they were all pointing at my truck and laughing and such.

    still, why not compare in the 2 parking spaces beside me, idk, i guess i have an attraction for dumb people
     
  11. Mar 21, 2010 at 4:26 PM
    #11
    Wolfman

    Wolfman Well-Known Member

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    This one will be a shared responsibility. You failed to insure that your path was clear before backing. On this level, you are responsible for your actions. They do not escape responsibility, as they were double parked. Therefore, their illegal parking created the situation in which their vehicle was damaged.
     
  12. Mar 21, 2010 at 5:05 PM
    #12
    Buzzoff

    Buzzoff Don't go ninja'in nobody don't need ninja'in

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    hmmm I've done a thousand accident in my 15 years. Although I haven't done any in awhile I tend to lean in the direction of it being your fault. Even though they were illegally parked it is still your responsibility to make sure it is totally clear before backing up....(backing not in safety). IMO I see how you and many others would feel b/c some jerkoff parked illegally. Heck I would have a hard time ticketing you b/c I feel where you are coming from.

    EDIT: Just called my accident division and asked them their professional opinion and they said even though they were illegally parked, it is still your responsibility..........
     
  13. Mar 21, 2010 at 5:29 PM
    #13
    Brunes

    Brunes abides.

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    This is the way I was leaning- It was dumb of them to park there...but "what if" they had broken down there instead of just being stopped/stupid?? You still needed to clear you intended path of travel.

    You might luck out and have the insurance companies agree to disagree and cover their own damages and life will go on...but I wouldn't at all be surprised if you are on the hook for it.
     
  14. Mar 22, 2010 at 7:09 PM
    #14
    fireturk41

    fireturk41 [OP] I like to break shit!

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    Hey yall i need a lil more advise, i got a call today saying they are trying to sue me, they claimed that the passanger has neck pains, they were infront of my truck when i hit them there was noone in the frickin car (although the accident report states that they had someone sitting in the drivers seat)...so what do i do? i have about 8 witnesses...i hate it when people pull this shit
     
  15. Mar 22, 2010 at 7:15 PM
    #15
    tacomakid96

    tacomakid96 Can you skin Grizz, pilgram?

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    Ya your at fault by law you were backing out but there dumbass's parked behind you so in my mind it is their fault especially if they were lying you should kick their ass!!
     
  16. Mar 22, 2010 at 7:15 PM
    #16
    mntbiker2008

    mntbiker2008 First I derp.. then I herp

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    fucking people these days.... i swear... just trying to get money. best of luck dude.. people like that dont need to be taking up our oxygen.
     
  17. Mar 23, 2010 at 4:49 AM
    #17
    JimBeam

    JimBeam BECAUSE INTERNETS!! Moderator

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    get a lawyer and talk to your insurance rep


    dont talk about it to anyone else...including here
     
  18. Mar 23, 2010 at 8:13 AM
    #18
    Brunes

    Brunes abides.

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    Talk to insurance first...They usually have lawyers that get involved with stuff like this. If they won't/don't help- then retain a lawyer on your own.

    I would also recommend asking the mods to sack this thread....
     
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