Fender bender while backing out of parking space – am I half at fault?

[Maximus96]

A month ago I was backing out of a parking space at a shopping area. Looked left and right, started rolling back, looked back, saw the other car, stomped on brakes, but the other car backed into me. I stopped my car in time but the other driver didn’t. the tail light on my prius broke as well as some scrapes in the bumper. The other car was a 4 runner and had a small nick in the chrome bumper. I was definitely worse off than the other driver.

Yesterday AAA, the other driver’s insurance, determined that we’re both at fault because we both were backing out at the same time. But my deal was I stopped in time and the other driver backed into me…

There is no police report, its all he said/she said…

I don’t want to have to pay my deductible with Geico…Am I screwed in this case and have to eat half the cost?

Here a sketch of the accident,

 

[Bignate603]

I see your point but you're not going to win this. There's no way to prove who started to pull out first or who stopped.

 

[rudeguy]

Another reason not to drive a plastic car.

 

[kranky]

Standard "both drivers share responsibility" scenario.

 

[PatrickBateman]

it is half your fault, if you never left the house this wouldn't have happened

 

[vshah]

i would have pulled right back into my space if the other guy kept moving..but i guess there wasn't much time to think

 

[Saint Nick]

I see your point but you're not going to win this. There's no way to prove who started to pull out first or who stopped.

If there was, I'm sure the Dad's paying child support would rejoice! :awe:

 

[Merad]

I'd call your insurance. They have motivation to fight it so they won't have to pay. But I really doubt you will win.

 

[Genx87]

You are pretty much screwed.

 

[EagleKeeper]

You were in the path of travel.

Both are at fault.

 

[Maximus96]

well crap...i guess i'll take their check and buy a tail light and some touch up paint then...

 

[Vic Vega]

...

 

[pauldun170]

Rhythm method never works.
You can pull out, you can stop.
Accidents are going to happen either way.

 

[FoBoT]

you have absolutely no case

 

[rudeguy]

Can't you say your accelerator stuck? You can sue Toyota and the other guy!

 

[kranky]

you have absolutely no case

Whoa, even Bill Handel weighed in.

 

[Krazy4Real]

How long after you stopped did you get hit?

 

[dmcowen674]

It's already on your insurance record.

Done deal, you are cooked.

Pay and move on.

 

[Maximus96]

How long after you stopped did you get hit?

pretty much like right away...i guess i'm screwed...i'll take their check and replace the light myself

 

[M0oG0oGaiPan]

If it's not too much damage, might be better to pay for the repair out of pocket and not go through insurance.

 

[Paul98]

The other guy could have very well already been pulling out before you even started to backup. So yeah you both could actually be at fault.

I had someone almost back into my car a month or two back because they started to pull out without every looking back. I was just about out of the spot enough to pull away before they even started pulling back. I am sitting there right behind them stopped when they put it in reverse and the entire time they were pulling out. I had to put it back into first and pull back in the spot so I didn't get hit. Then after that that dumb ass finally looked back and honked their horn.

 

[Paul98]

Plus considering you even said you started rolling back before even looking back.

 

[Thump553]

If your version is to be believed and you are willing to fight for it, take the other driver to small claims court for your deductible. His/her insurer will have to defend him and may cough up the deductible immediately to avoid the litigation.

It's up to you whether that's a waste of your time or not, especially if you have to go through a couple of court dates before it actually goes to trial.

 

[lupi]

You're screwed. Had this happen to my truck after owning it for just a month. Put vehicle in reverse, look back and start to relax brake, see guy behind start to back up so push back down on break, watch guy continue backing until he hits me. Because I told my insurance that I was preparing to back out they ended up calling it a mutual fault so the bastard driving a work truck probably had no effect on him while I had to pay to have the dent on my rear quarter repaired.

 

[CraigRT]

Why would you not just settle it with the other driver?
Scratches and a broken tail light and you went to insurance?

Damn, that sucks.