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-   -   Police Say No Fault Accident? (https://www.askmehelpdesk.com/showthread.php?t=170780)

  • Jan 9, 2008, 09:50 PM
    arkive
    Police Say No Fault Accident?
    Hello all,

    First time user of this site and hope to learn a lot of info from it. The reason I come here tonight is with a question...

    Recently I was in a small fender bender in my place of employments parking lot. I was backing out my parking space and low and behold someone else start to as well 1 car over. As I was half way out of my space I seen the other car coming and noticed that it was not stopping. I put my car in drive to avoid the accident but was clipped on my back driver side quarter panel.

    The other drivers back bump and tail light was broke out and my quarter panel and bumber have scratches on it.

    No one was injured and I gave the other driver a option to call the police as I stated I was not worried about it and could just move on.

    The other driver stated that everything was OK...

    The next day I come to work and the other driver stated that their damage was a little more than they though and wants to call the police.

    The police were called and looked at both cars. The other driver after stated the night before that it was raining a dark she could not see, told the police officer that I backed out and hit them. I asked the officer to look at my damage and theirs to that they could make a determination on who's was at fault.

    The office stated that because it was on private property and because the police were not called last night that she was not going to try to vision the accident in her head and that she is going to mark this as a no fault accident and that we are both responisable to go to our insurance companies to have our car fixed.

    The other driver is not satisfied with that as for some reason she believes (or wants to belive) that I hit her even though the damage on my car is on the side and hers is on her back where she ran into the side of my car.

    I really don't want to file a claim as I know I can get a quarter panel and replace it for less than what my deductable will cost.

    I guess my question is... because the officer noted it as no fault, can the other driver take their claim to my insurance company? Can I be held liable in an accident that a police officer noted as no fault.

    If she does pursue this how would I go about proving that she did indeed hit me so that this could all just be over with?

    Thanks for any and all advice in this matter.
  • Jan 10, 2008, 07:51 AM
    froggy7
    The best thing is to just let the insurance companies deal with this. If you were both backing out of parking spots, it's going to be hard to say who is at fault. However, if she was all the way out of her spot before you were, I think that the law would find you more at fault than her. Having said that, the most likely thing is that her insurance will pay for her damage, assuming she has collision coverage, and yours for yours if you filed.

    And, a police report isn't binding on an insurance company. I was in an accident that the police said was 100% the other person's fault, but their insurance company decided that I was 20% to blame. Since the upshot of that to me was they only covered 400 of the deductible, instead of 500, I just shrugged and took it. It probably mattered more to the insurance company, but that's not my concern.
  • Jan 10, 2008, 08:24 AM
    Fr_Chuck
    Yes, the police "at fault" is the criminal side and normally they will not write something up if they were not called to the scene, plus many will not write up those at fault if they are on private property.

    But the police could say they were at fault, and they could still sue you, or turn it over to the insurance company ( and claim the police officer is wrong)
    Civil and criminal liablity are two totally different things, but one is sometimes used to prove the other,

    So yes, they can tell the insurance company or the judge that you were at fault and you will have to defend yourself,
  • Jan 10, 2008, 01:50 PM
    JudyKayTee
    Quote:
    Originally Posted by arkive
    Hello all,

    First time user of this site and hope to learn a lot of info from it. The reason I come here tonight is with a question....

    Recently I was in a small fender bender in my place of employments parking lot. I was backing out my parking space and low and behold someone else start to as well 1 car over. As I was half way out of my space I seen the other car coming and noticed that it was not stopping. I put my car in drive to avoid the accident but was clipped on my back driver side quarter panel.

    The other drivers back bump and tail light was broke out and my quater panel and bumber have scratches on it.

    No one was injured and I gave the other driver a option to call the police as I stated I was not worried about it and could just move on.

    The other driver stated that everything was ok....

    The next day I come to work and the other driver stated that their damage was a little more than they though and wants to call the police.

    The police were called and looked at both cars. The other driver after stated the night before that it was raining a dark she could not see, told the police officer that I backed out and hit them. I asked the officer to look at my damage and theirs to that they could make a determination on whos was at fault.

    The office stated that because it was on private property and because the police were not called last night that she was not going to try to vision the accident in her head and that she is going to mark this as a no fault accident and that we are both responisable to go to our insurance companies to have our car fixed.

    The other driver is not satisfied with that as for some reason she belives (or wants to belive) that I hit her even though the damage on my car is on the side and hers is on her back where she ran into the side of my car.

    I really dont want to file a claim as I know I can get a quarter panel and replace it for less than what my deductable will cost.

    I guess my question is... because the officer noted it as no fault, can the other driver take their claim to my insurance company? Can I be held liable in an accident that a police officer noted as no fault.

    If she does persue this how would I go about proving that she did indeed hit me so that this could all just be over with?

    Thanks for any and all advice in this matter.
    I've never seen a Police Report list an accident as "no fault." Never. I have seen Police Reports that make absolutely no sense or have cars traveling in wrong directions. What State are you in? The Police Report and the narrative are after the fact, anyway - the Police are the same as any other unbiased witness. The insurance company does not have to follow what the Police say. Your best bet (and I think the damage doesn't justify it) in a situation like this is to get an expert to look at the angle of the damage on both cars and try to make a determination of fault from that.
  • Jan 10, 2008, 05:29 PM
    arkive
    I am in the state of Ohio... I have not seen the report as of yet. Im just going by what the officer said at the scene. The office stated she was going to put it down as a no fault on both of us and we can handle it with our insurance company individually
  • Jan 10, 2008, 06:12 PM
    Fr_Chuck
    Normally on reports like this, the police merely write down what each side says, and that is basically the report
  • Jan 11, 2008, 08:27 AM
    JudyKayTee
    Quote:
    Originally Posted by arkive
    I am in the state of ohio... I have not seen the report as of yet. Im just going by what the officer said at the scene. The office stated she was going to put it down as a no fault on both of us and we can handle it with our insurance company individually

    Comments made by Police at the scene are pretty much useless - I'd get the report and go from there.

    Otherwise my opinion remains the same - is the damage to your car worth the hassle, keeping in mind that you will probably be found at least partially at fault

    I do see that Ohio law provides: " ... a damaged party cannot recover if he is 50 percent or more at fault, but if he is 49 percent or less at fault, he can recover, although his recovery is reduced by his degree of fault."

    Obviously if the insurance company decides you are 50% or more at fault you cannot collect anything.
  • Mar 8, 2010, 09:31 PM
    sweetblu2
    I was ina car accident and the police determined that it was a no fault accident and even with the witness that was present that the story was conflict. And now the other party is try to sue me for her damaging and medical expenses, am I help reliable for her car.
  • Mar 9, 2010, 07:36 AM
    JudyKayTee
    Quote:
    Originally Posted by sweetblu2 View Post
    i was ina car accident and the police determined that it was a no fault accident and even with the witness that was present that the story was conflict. and now the other party is try to sue me for her damaging and medical expenses, am i help reliable for her car.

    No fault is an insurance term, not a statement of liability. Anyone can sue anyone else at any time for anything - that's the law in a nutshell.

    The Police are also after the fact witnesses when it comes to accidents. They carry no more or no less weight than any other witness.

    The person suing, of course, has to prove that the other party was negligent (when it comes to auto accidents).

    If you were negligent, yes, you will be found responsible for her damages. Which State you are in also matters - it varies from State to State.

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