My question involves a traffic accident in the State of: Massachusettes

I was driving behind a mini-van when the driver stopped just before a pedestrian crossing. I stopped behind that car as well with at least a 4 feet gap between the two cars. Without any indicator light signal, the driver of the other car started reversing to park into an open spot. I honked a warning but the other car ended up hitting my right front bumper. There are minor scratches on my car and a scrape on the other car's bumper.

The driver of the other car insists that I am at fault because I came too close to her car. She says insurance companies would view this as a case of rear car responsbility. I feel that she did not give any indication (blinker lights or parking signal) of reversing to park which resulted in the accident. We would like to avoid going to insurance companies to settle this, so I would like to know the opinions of the members of this forum?

Thanks!

ScottGem

You were stopped and she hit you. She is at fault. No question about it.

The question is whether you can prove it.

topgun

Thanks for your reply Scott. I do not have a police report but my wife was a witness. I was concerned that is this matter goes to insurance then who would they consider at fault and wanted to get expert opinions before I talk to an insurance agent.

Are you aware of any official rules that require drivers to display indicators before they park?

Thanks.
Saurabh

ScottGem

I believe that when a car goes into reverse, its brake lights are supposed to light. Now you have, again, an issue of proving those lights didn't work. They may be fixed by now. Without a police report, the other driver can claim you hit her. Your wife's testimony will probably not be taken.

I would call your insurance company immediately and report it, then get their advice.

twinkiedooter

Improper backing on her part. She hit you - improper backing.

topgun

Thanks for your reply twinkiedooter

KeepItSimpleStupid

ScottGem:

The white back-up lights are supposed to light. You can't move if the brake lights are on.

ScottGem

Thanks for the clarification. I knew something was supposed to light up warnng that the car was backing up. But since I've never watched myself backing up, who remembers?

topgun

So if I understand, you guys are saying that I could be at fault if her backing lights came on and I did not react early enough?

JudyKayTee

I don't know what anyone else is thinking but if it was as you said - she at a total stop, you at a total stop behind her (no matter what the distance is between the two of you) and she backed into you - she is at fault.

No question -

It is not your job to back up when you see her backup lights go on - I can't recall if you blew the horn the warn her but that is your responsibility, at least in NYS. She's not supposed to drive in any direction - frontwards, backwards, sideways for that matter - unless it's safe and obviously it wasn't safe and the path wasn't clear for her.

One word of caution - I have seen several of these and by the time I got into things the first driver claimed the second driver rear ended her car, no mention at all about car #1 backing up. Depending on the damage I would go to the insurance company and not try to work it out yourself. (Your wife as a witness will carry little weight; she is presumed to be prejudiced on your side.)