insurence claim advice need!

[snut]

I recently just got into a car accident and need some adive from you guys, here is what happened

I was about to backout of my drive way, I made sure I was clear to go, and then I saw a car pulling into the drive way across the street from mine (thats the car that hit me) So I back out of my drive way and im almost out and full stright on the road, tehn I got hit by the same car that I saw couple secs pulling into the drive way across from mine...

So Iam almost out of my drive way,and she was trying to back out onto the lane I was on crossing a broken yellow devider line on the road.Thats when she hit me. Her damnage is on her front passenger side door and mine was on my left side of my bumper. Now would this be my fault or hers? Most ppl Ive talked to said its her...But her insurence company (ALL state) is trying to say its BOTH our faults? Any adivce or info I should know when I talk to my insurence company (Farmers) ?

 

[Emulex]

let me guess. no police officer ?? dumb dumb dumb.

 

[snut]

I called them,and they wouldnt come out unless someone was hurt or car was stuck on the road

 

[Emulex]

well if you have no more witnesses than she does, its word against word..

and that probably means you pay for your own damage, and she pays for hers then.


sucks

 

[bunker]

<< I called them,and they wouldnt come out unless someone was hurt or car was stuck on the road >>


Damn, are police departments getting that lazy! They are supposed to come out a file a report for you no matter what!!!!!!
Please clarify your situation. The other vehicle had pulled into the driveway then backed out again?? If that's the case then I would say AllState is correct in saying it's both your faults, neither one of you saw the other backing out!

 

[snut]

yes the car had pulled in her drive way and backed out again,and backed into my lane

 

[ThisIsMatt]

Well, if I made the rules and it went down just like you said, then it'd be her fault.

 

[Emulex]

Snut, do you have a witness that will say that your story is the truth?


If not, She can say you hit her car.

 

[snut]

i dont think so, my dad might have saw it from the window or nebighor but I didnt put any witness down on the claim

 

[JeffreyLebowski]

If she crossed the lane divider then it would be her fault.

 

[Emulex]

I think you just buried yourself. Get the lady to sign a confession of guilt, or start saving up for your own deductible level to cover your damages..

 

[MichaelD]

It really, really, really sucks that you don't have a police report. 99.99999% of the time, the police officer decides who is at fault and issues a moving violation ticket on the spot. The insurance company goes by that. I'm not talking out of my @ss either. This has been the case in two accidents I was involved in.

Latest one happened in 1997. I was driving through the parking lot of the apt complex I used to live in. All the cars are parked head-in on either side of the lane (to the left and right of where you drive thru). This guy puts his car in reverse and just hits the gas. He never even turned around to look. Smashed in the whole passenger side of my Honda Civic SI. No frame damage though. Anyway, the local PD issued him a ticket for "improper backing". He also told me that in the State of Texas, if you hit someone while your vehilce is in reverse, it's your fault, no matter what. His insurance company issued me a check in 48 hours.

However, I know the fact that he was issued a citation had a lot to do with it. You will probably (I hope not, but I don't sugar-coat anything) wind up getting screwed. No police report. No fault. You pay yours, she pays hers. Next time, keep calling the PD until someone shows up. Good luck.

 

[snut]

man this sucks, well my damage isnt that bad at least...only a dent hers was kinda bad

 

[kranky]

I think since both of you were backing up you'll each pay for your own.

I was backing out of a spot in a parking garage - more than half-way out of the space - when a guy came around the corner about 25 MPH and tried to squeeze past me instead of waiting. Since we collided, and I was the one backing up, it was my fault. There is no possible way I could have stopped in time considering he was only in view for a second. I couldn't prove how fast he was going. Even my insurance guy said it was a raw deal, but that's the way it is.