Today as I was going to my college to take a final exam. I was backing out of a parking space and suddenly I felt a huge bump and realized there was a car bedind me that wasn't there before. I looked and she had a huge dent in her front bumper, so I pulled in a parking spot and looked at my bumper and it had a huge dent in the left corner and it buckled the side panel. I barely went a foot backwards when this happened and I believe she was driving around me and clipped me. How do you prove this? We did not call police. She did not offer anything but her name, address, cell phone number. She asked if I had insurance and I said "NO". I financially haven't been able to afford it as I am unemployed. I have never had an accident in my 26 years of driving either. Knock on wood. I live in Wisconsin where it is not a law that you have to have insurance. But the accident was in a parking lot of a college in MN. No police were called. Just exchanged info and I don't know if she even has insurance or not. I just believe it isn't my fault and do I have any hope in pursing this to get my car fixed or not? Or is this something better off left alone since I was uninsured? She hasn't called me since it happened earlier today. My fiancé was going to call and talk to her in the morning regarding it all. How could this potentially play out and could I be in trouble for not carrying insurance?

Sometimes the law says different than we would assume when it comes to car accidents.
Like in my state if you are turning left and a car comes flying up a hill and around a bend at 100 mphs and hits you it is your fault simply because you were turning left. You would have to check what an insurance company would determine but first find out what she intends to do.

It would be hard to prove you had the right of way ESPECIALLY since you WERE backing out.
You need to contact her and see if she is going to report it to her insurance or what she intends to do. Chances are she may not have insurance either. So you may just each end up paying for your own damages or each others damages or you will have to pay for both yours and hers which is more likely
IF there is no law to have insurance in Wisconsin and there was no citations given out at the time I do not see how you can get in trouble.

Sorry no she would have had the "right" of way so to speak since she was traveling on the drive on the parking area. You may be able to prove she had some fault.

The fact she did not call the police either shows that she
1. does not understand the law
2. did not have a license and/or insurance either.

If she has insurance, She will most likely file a claim with her insurance ( if she has it) and then they will merely sue you in court for all of her damages.

I did not look up your law, but normally if they don't require insurance ( and almost all states do now) they do require you to be respoinsible and pay for accidents that are you fault, normally by suspending your license for any non paid issues.

But my bet is on she did not have either, and was scared to call the police also, and will just never contact you. But who knows, she may come on here and ask, and we tell her to sue you.

Exactly, guys... theperson backing out has to yield to traffic at all times.

You said you felt a "bump"... that means YOU hit her. What other proof could there be, really, when you say yourself that YOU felt the impact? Pay her. You're responsible.

You're lucky you didn't have to have ins or you'd be in a heap of trouble.Count your blessings and just settle the matter.

Quote:

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Originally Posted by passmeby

Exactly, guys...theperson backing out has to yeild to trafic at all times.

You said you felt a "bump"....that means YOU hit her. What other proof could there be, really, whn you say yourself that YOU felt the impact? Pay her. You're responsible.

You're lucky you didn't have to have ins or you'd be in a heap of trouble.Count your blessings nd just settle the matter.

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If someone hits you you feel a bump - the fact that OP felt a bump does NOT mean she's the one who did the hitting.

You feel the impact no matter which side of the accident you are on.

The person backing out does NOT have to yield for traffic - if the person backing out already "owns" the roadway that person does have the right to continue to back out. That, of course, is not the case here.

Yeah I sure felt a bump other day when a car slammed into me because he didn't stop because the car three cars in front of me stopped to make a left hand turn.
I know I didn't do it.

Quote:

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Originally Posted by N0help4u

yeah I sure felt a bump other day when a car slammed into me because he didn't stop because the car three cars in front of me stopped to make a left hand turn.
I know I didn't do it.

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Oh my! Are you okay? If you need an investigator, let me know.

I'll start packing now!

Nothing happened to my truck, The car only got about one three inch buckle/crease in the bumper.
It felt like he had been going 30 mphs an hour and I am amazed only that much damage.
They didn't want to do anything about it if I didn't cause it was their fault.

Juy, why must you argue with every post I make?

She said she was backig up and felt a bump, and that she hadbn't seen the car before... my thought is, either she never looked to see if anyonw was coming, or he migh've been in her blind spot. Unlesss the car was incredibly speeding, how on earth could it be the "hit" cars fault? Even if he was speeding , she still hit HIM.


Please cite the law that states that cars backing out have right of way over flowing traffic, I can't find one, I have only found the oppopsite.

Quote:

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Originally Posted by passmeby

Exactly, guys...theperson backing out has to yeild to trafic at all times.

You said you felt a "bump"....that means YOU hit her. What other proof could there be, really, whn you say yourself that YOU felt the impact? Pay her. You're responsible.

You're lucky you didn't have to have ins or you'd be in a heap of trouble.Count your blessings nd just settle the matter.

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Both vehicles would feel a "bump" regardless of who is at fault so your logic is misguided to say the least.

I also don't see how not having insurance is a good thing. Although the OP isn't required by her state to carry insurance, that doesn't necessarily make it a good thing, it just means it's optional. As Judy said, since the OP didn't 'own' the drive space, she seems to be at fault and will have to pay for the other person's damages out-of-pocket.

Judy didn't say that cars backing out have the right of way. She was saying that if the car was backed out enough then it could be the others fault but in this case she doesn't see it being the OP's fault. She was saying that it can be either or depending on the situation.

I think she was more disagreeing with you for saying feeling a bump makes it their fault.

Quote:

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Originally Posted by passmeby

Juy, why must you argue with every post I make?

She said she was backig up and felt a bump, and that she hadbn't seen the car before.....my thought is, either she never looked to see if anyonw was coming, or he migh've been in her blind spot. Unlesss the car was incredibly speeding, how on earth could it be the "hit" cars fault? Even if he was speeding , she still hit HIM.


Please cite the law that states that cars backing out have right of way over flowing traffic, I can't find one, I have only found the oppopsite.

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I disagree with your posts because you are consistently incorrect.

I'm an accident investigator; what do you do for a living that qualifies you to answer this question? As far as I have read your experience involves being involved in an auto accident and having a husband who was involved in an auto accident.

I have investigated thousands of auto accidents; Nikosmom has handled thousands of insurance claims and you continue to argue with both of us, posting statements such as "You said you felt a "bump"....that means YOU hit her. What other proof could there be, really, whn you say yourself that YOU felt the impact? Pay her. You're responsible." Not only is this "opinion" unsound, it's actually laughable. Do you honestly believe that when two cars impact the "bump" is felt ONLY by the driver who is responsible for the accident?

As far as this is concerned: "Please cite the law that states that cars backing out have right of way over flowing traffic, I can't find one, I have only found the oppopsite.", while I find it interesting that you searched the V&T Laws for every State (which, incidentally, I don't have the time to do) you are (as usual) asking me to defend something which I never said.

Threads have had to be closed because you continue to argue, even though the Law has been clearly stated and explained to the point of nausea (https://www.askmehelpdesk.com/small-...-373044-2.html) or because you became insulting to the "regulars" attempting to answer questions concerning your arrest, in that case a statement being made by a Moderator that you think you know anything, anyway, and don't really need any advice (https://www.askmehelpdesk.com/crimin...-347174-4.html).

You have insulted Nikosmom by refusing to address her by her proper name and have continued to post illogical "reddies."

And as long as you continue to post misleading information I will continue to disagree with you.

passmeby agrees: AH, I see, BUT if he was backing out an d instantly felt thr bump, he wasn't paying attantion, obviously, and it seems to me to be his fault.

Nobody is disagreeing with you. The point is how you came to your conclusion.

passmeby disagrees: Didn't say it wasn't good to NOT have insurance, I said it was food for this person because otherwise he would be paying a WOLE lot mor than repairs...TICKETS.No ins tickets are EXPENSIVE!!

passmeby, please review the site rules for ratings. "Reddies" are to be given out for factually incorrect information which my post is not. If you wish to offer a rebuttal to something I have said, feel free to quote me.

That being said, you continue to post incorrect information and clearly have no clue what you're talking about. Your post (that I quoted) said that the OP was "lucky" she didn't have insurance. First of all, we don't know where the OP lives and all states are not "at-fault" states. Surely you know what that means since you claim to be some sort of professional in this arena? I didn't think you did...

What that means is that not all states assess a surcharge for accidents/moving violations. And even some at-fault states waive certain incidents if the claim falls under a certain threshold. So there's no way any one can tell her for sure if her insurance rates would have been affected if she'd filed a claim for this incident.

Still addressing that particular portion of your post, if she'd hit a pedestrian in the parking lot causing them serious injuries, not having insurance wouldn't be such a great place now would it? Her state makes insurance optional but that doesn't mean it's necessarily wise to forego it. I'm not here to pontificate whether insurance is needed or not. The OP isn't here to be reminded that she needs to carry insurance. She seems aware of this but stated due to hard financial times she had to go without it. Plus, debating this would be a moot point since the incident has already occurred.

You're here offering advice and drawing blind conclusions. I think your theory of "whoever felt the bump is at fault" is ludicrous. Not only is it silly and arbitrary, it's not legally correct. The OP stated that she'd only backed out about a foot which tells us she didn't "own" the drive space--> putting her at fault, not because she felt a bump.

It's possible the other driver had Uninsured Motorists coverage and that could explain why she hasn't contacted the OP yet. She may have filed a claim with her insurance company and told them she was hit by an uninsured driver.

I will agree with the others, passmeby, you seem to embarrass yourself with wrong answers on a continious basis.

The problem with accidents is that there really is no "accident" someone though fault or neglect is the cause. Often both parties have some level of neglect.

I don't know of ANY state in the USA that permits operation of a motor vehicle without insurance. It's a serious violation in any state I have ever been. If you can't afford insurance... then how do you afford fuel?

That alone is grounds in many states to render the courts to suspend your driving privileges in that state at a minimum. On TOP of the ticket and fine you will receive. Which if not paid can result in a bench warrant for your arrest.

And personally if an uninsured driver backed out of a spot without looking and hit my car, you can be damn sure I would make sure you were cited for everything as well as paying for the full costs of repair and rental vehicle at the repair shop of MY choice not yours.

Uninsured motorists I feel should be locked up... they kill and injure countless people every year who then have little chance to recover for injuries or damage caused by the negligence of the uninsured motorist who usually seems to have the money for other things, like Cell phones, cable TV, Internet.. etc... but not the important stuff like insurance.

If it was me you hit I would sue you in court and recover damages, court costs, and everything else I could get under the legal statutes of the state, and attach a garnishment to anything you own, or will own, as well as your paychecks from the next job you get, and your unemployment benefits.

Harsh? Damn right... because I've been through this with someone like you that felt insurance was optional for them before. Take the bus until you can afford insurance or bum a ride.

Quote:

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Originally Posted by smoothy

I don't know of ANY state in the USA that permits operation of a motor vehicle without insurance. Its a serious violation in any state I have ever been. If you can't afford insurance...then how do you afford fuel?

That alone is grounds in many states to render the courts to suspend your driving priveledges in that state at a minimum. On TOP of the ticket and fine you will recieve. Which if not paid can result in a bench warrant for your arrest.

And personally if an uninsured driver backed out of a spot without looking and hit my car, you can be damn sure I would make sure you were cited for everything as well as paying for the full costs of repair and rental vehicle at the repair shop of MY choice not yours.

Uninsured motorists I feel should be locked up....they kill and injure countless people every year who then have little chance to recover for injuries or damage caused by the negligence of the uninsured motorist who usually seems to have the money for other things, like Cell phones, cable TV, Internet..etc....but not the important stuff like insurance.

If it was me you hit I would sue you in court and recover damages, court costs, and everything else I could get under the legal statutes of the state, and attach a garnishment to anything you own, or will own, as well as your paychecks from the next job you get, and your unemployment benifits.

Harsh? Damn right.....because I've been through this with someone like you that felt insurance was optional for them before. Take the bus until you can afford insurance or bum a ride.

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Smoothy, there are still a few states that don't require drivers to have insurance. I don't think this is a great idea but it's called self-insuring and the driver must be sure he/she has sufficient assets to cover any losses. The OP said this happened in

"Uninsured motorists kill and injure people"... so do insured motorists. I don't think any of us here can pass judgement on whether the OP has "money for other things like cell phones, cable TV, internet, etc." because we don't know. Besides, that's not the original question.

Quote:

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Originally Posted by nikosmom

Smoothy, there are still a few states that don't require drivers to have insurance. I don't think this is a great idea but it's called self-insuring and the driver must be sure he/she has sufficient assets to cover any losses. The OP said this happened in

"Uninsured motorists kill and injure people"... so do insured motorists. I don't think any of us here can pass judgement on whether the OP has "money for other things like cell phones, cable TV, internet, etc." because we don't know. Besides, that's not the original question.

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I need to do some reseach on this but if she doesn't have money to buy insurance, its damn certain she doesn't have the required resources to self insure. You have to be darn wealthy to do that and it's a fools game to risk your personal assets on. Few wealthypeople around here self insure, and there is a lot of money in this area.

Uninsured motorists wreak havock on peoples lives... there have been cases injuries to victims just in my state have excede 1 million dollars in medical bills alone, then the lost wages, pain and suffering etc (in just the last 2 years) and several deaths by these same people... And around here is usually people here illegally (as in illegal immigrants), that don't even have drivers licenses, yeah they might in their countries, just not here.

She should be glad it was just all that was and pay up fast, before they take her to court and it gets far more expensive. After all if she's self insured then she has the resourses to pay up. YOu CAN do that here in VA, but if you lie, about it you are open to a who new round of presecution. I know a lot of wealthy people here and NONE want to risk their personal assets like that.

You never have the right of way backing out of a parking spot, or pulling from a parking lot onto a roadway. SOme people think the world revolves around them however, but the courts and the laws say otherwise.

I say this because you ARE required by law to be insured in MOST states, and even if you are passing through them to be insured with a liability coverage, to cover damages you may cause to the other guy. You should not have to pay out of pocket for damages caused by another at fault driver. Only when you are at fault yourself. That's why Full Coverage is optional, but liability isn't in most states.

Fact is as she stated, she was backing out of a spot and hit someone because she wasn't paying enough attention. She is clearly at fault here. And its best to get it paid quickly before they decide there are other issues they may have forgotten or missed. As long as she is not absolved from any further liability (as in payment accepted by the victim) , it can get worse.

Even if Minnisota doesn't give a damn (which I find hard to believe)... if she drives though, PA, MD, DC or VA without insurance and she gets stopped, she will have her car impounded, and may face charges additionally. Doesn't matter where she lives or where its registered. And I do know that for a fact. I've had that discussion with cop friends a number of years ago.

If she was insured the insurance company would deal with all of this... but based on her last sentence there is some doubt as to her legality, in her own words. Otherwise, why is this going to court, if she clearly thinks she did nothing wrong. How would she feel if it was someone else who without looking jammed their car in reverse broadsided her, then refused to pay? Would she still feel the other person in this case was not at fault. Helps to look at it from BOTH sides.

If it was me she hit... damn sure I'd drag her into court if she didn't pay up right away. Been there before with insurance companies that baulked... I know the law here, told them THIS is what MY estimates say it costs, which is what YOU will pay, or you can pay that, my legal fees AND court costs. That usually gets the check pretty quick. And in th Commonwealth of VA, the Victim decides what shop will do the work on their and give the estimate both, not the insurance company, even though they still try to dupe the lesser educated people to their preffered hack shops.

I'm well versed in those laws here in VA, My Brother ran a Bodyshop for a number of years...

Quote:

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Originally Posted by smoothy

You never have the right of way backing out of a parking spot, or pulling from a parking lot onto a roadway. SOme people think the world revolves around them however, but the courts and the laws say otherwise. .

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Not going to nitpick here - once again, Nikosmom has handled thousands of cases from the insurance end of things. I have investigated thousands of accidents over the years. I cannot speak for your experience or that of your brother in the body shop.

But I CAN tell you - and I don't agree with some of the other things you've stated but that is just because I have personal opinions - your statement that "you NEVER have the right of way backout out of a parking spot or pulling from a parking lot onto a roadway" is not true. There are exceptions all the time. I know. I'm paid to find them.

Minimum Coverage Requirements

Minnesota requires all licensed vehicles to have PIP, Liability,

Uninsured, and Underinsured coverage in the following amounts:

Type of Coverage Minimum Amount Required

Personal Injury Protection (PIP) $40,000 per person per accident

($20,000 for hospital/medical expenses and
$20,000 for non-medical expenses such as lost
wages, replacement services, etc.)
Liability $30,000 for injuries to one person
$60,000 for injuries to two or more people
$10,000 for physical damage to the other driver's
vehicle or for damage to property
Uninsured $25,000 for injuries to one person
$50,000 for injuries to two or more people

Underinsured $25,000 for injuries to one person

$50,000 for injuries to two or more people

From...

www.state.mn.us/mn/.../What_You_Need_to_Know_about_Auto_Insurance_0130031 05358_Auto%20Insurance3-00.pdf - Similar