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dragonfli488
Apr 5, 2007, 04:18 PM
I was backing out of a dominos parking lt and as I shifted my truck into gear I was jarred forward. I got out asked the woman if her and the children where all right. I then askied if she wanted to file a report. She said no. I gave her my information including insurance also. I am still unclear on who was at fault. When I was jarred forward I looked in my rear view mirror and the reverse lights where on on her vehicle. That makes me question who was at fault. I guess my question is if no report was filed, no witnesses and no proof of who was at fault who would be liable for the damage.( very mild damage to her vehivle and none to my vehicle). Please advise. Thanks

RichardBondMan
Apr 5, 2007, 04:55 PM
From what you described, sounds as if you were not moving backward, all you had done was put your veh in reverse. She was moving, therefore, I think her ins company will be responsible for her damages if her damages exceed her deductible. I don't know if you are in a "no fault" insurance state where it usually is irrelevant who was at fault. Each party just pays their own damages, you had none, she had some. Looks like her insurance should pay unless she files a claim with your company (assuming your not in a no fault state) and states you backed into her. I recommend calling your ins company if you haven't already done so, get your version of the facts on record. Once had a 16 y/o teen hit me in the front while he was backing up at about 15 mph, Dad claimed I hit him. I was not moving but stopped and watching him and listening to the loud whine of his engine as he floored it backwards. Found my witness, his ins co paid for my damages although his dad lied.

Fr_Chuck
Apr 5, 2007, 06:07 PM
Of course if there is no damage to yours, at this point you have nothing to do but wait. It would have been best if you had taken a photo or two of the accident ( thank heavens on those new camera cell phones) so she don't come back with 1000's in damage. But with that said, unless she files against your insurance, you should be OK,
Most likely she will just file it with hers, or perhaps don't fix it at all.