Ask Me Help Desk - Determining auto accident liability

Hello,I have a question on how insurance companies determine liability for an accident.I recently started driving a taxi for a company on Long Island.I am the bottom man so usually get the worst car they have left on any given day.The other they gave me the keys to a car I had never driven before.I started the car up and put it in reverse and was about to back out of my parking space in their lot when I realized I had not checked to see if I had all 4 hubcaps on the car.We are charged $45 if we lose a cap.I put the car back into park got out and walked around to the passenger side to look at the hubcaps.As I was standind there in car started moving backwards.I ran around the back ,jumped back in(I had left the door ajar) and attempted to stop the car but I accidentally hit the gas instead of the brake and hit the car behind in the lot causing damage to the cab I was driving and the personal car of another driver who had his car parked in the lot.This car has over 230,000 miles on it.There is no doubt in my mind that I did this .It is impossible to get out of a car with a properly working transmission if you leave it in reverse(I have tried it numerous times in the last week)as soon as you take your foot off the brake the car starts to roll backwards.There is no way I could have left it in gear.The Taxi comp had 2 of their mechanics "test" the car and told me that there is nothing wrong with the transmission and that I am 100% liable for the total $1625.00 in damages.If what I am telling You actually happened(and it did) what percent of liability do I have.Thanks Tom M

Is it possible you had put the car into Neutral? That would explain its rolling, and it would have gone backwards if the pavement wasn't totally flat. (I/my car did this years ago in a parking lot, but didn't hit anyone.)

Your own auto insurance is what is valid while you drive for this company? They don't have any kind of policy to cover their drivers?

"They don't have any kind of policy to cover their drivers?"

That was my first reaction. They should have some sort of policy to cover drivers. Second, your person liability MAY cover this. Because you were driving as a business, it may not. But you should ask them.

No,if they deem the driver to be at fault they make him sign a promisary note for the damages or they fire him and I assume take him to small claims court.and the ans to WONDERGIRL is you can't have it both ways. When I got out of the car it was not in reverse or I could not have gotten out to begin with.when I jumped back in and acc.step on the gas it shot back so it was in reverse.if I had left it in neutral as you suggest when I jumped back in and stepped on the gas the car would have just continued to roll. RIGHT?

Quote:

Originally Posted by tmanzo

no,if they deem the driver to be at fault they make him sign a promisary note for the damages or they fire him and i assume take him to small claims court.and the ans to WONDERGIRL is u can't hav it both ways. when i got out of the car it was not in reverse or i could not have gotten out to begin with.when i jumped back in and acc.step on the gas it shot back so it was in reverse.if i had left it in neutral as u suggest when i jumped back in and stepped on the gas the car would hav just continued to roll. RIGHT?

Not having insurance and requiring the driver to sign a promissory note are two different things.

If it is your contention that the car was somehow faulty let them sue you, subpoena their repair records and prove your case.

Further, why the car started going backward is anyone's guess and immaterial to your question. The accident was caused by you accidently hitting the gas. If you had jumped in and hit the brake there would have been no accident.

I do not see the car magically slipping into gear as even a small part of the accident.

You are 100% liable.

By the way - I'm a liability investigator.

You are lible for the accident, they also have to provide ou the name of their insurance, ( you have to carry a copy of the insurance if you have a accident)

So let them fire you and demand their insurance info

Quote:

Originally Posted by tmanzo

WONDERGIRL is u can't hav it both ways. when i got out of the car it was not in reverse or i could not have gotten out to begin with.when i jumped back in and acc.step on the gas it shot back so it was in reverse.if i had left it in neutral as u suggest when i jumped back in and stepped on the gas the car would hav just continued to roll. RIGHT?

I didn't say anything about Reverse. You CAN get out of the car when it's in Neutral. I didn't jump back in and push the accelerator when my car was rolling in Neutral, so I don't know if it would have gone any faster. Perhaps in your urgency, you thought you put it in Park, but it was actually Reverse, the notch below Park. We will never know.

Like Judy said, you pushed the accelerator instead of the brake, so the gear shift position doesn't matter.