[hffighter]

My mom was in the parking lot, and we were in the process of backing up when we heard a "THUMP" and when we got out, it appeared that another car that was backing out in reverse had collided with us. We were backing out slowly and looking in the rear during the whole time, but the other driver claims that because he backed out further than we did, we are at fault. However, he did say that "he saw our car backing out but he could not stop or honk in time."

For damage, he has some paint damage and a very slight dent in his back bumper. For us, there is a slight scratch on the right corner of the back bumper and it jammed something to make the right side of our car (near the back lights) pop inward.

We gave him our insurance information but he refused to give us his. Who is at fault and what should we do next?

[twinkiedooter]

Turn this over to your insurance carrier right away. Give them all the info the other driver gave you plus his license plate make and model of his car. Let them handle this. If they advise you to file a police report then file a police report.

Do you have collission? How about uninsured motorist's coverage? If you do what is your deductible?

[ballengerb1]

The moment he refused to give you his insurance you should have called the police, hope you got his license number. Chances are good both companies, if he even has one, will pick up the tab for their insured only minus deductible. Your insurance company will tell you where to go for an estimate or tell you to pick from a list of repair shops, each company has their own methods. Talk to your agent, not the adjuster or anyone else, about what this claim could do to your rates if anything.

[ScottGem]

Yes, you should have called the police when he refused to provide info. In a situation like this there would be equal liability.

[hffighter]

He refused to show his Driver's ID nor anything else for that sake. I was unable to copy down his license plate number. I gave him my home phone number and tried calling but he didn't pick up, and when I called with my cell phone (he doesn't have this number), he picked up, and when I insisted for his insurance information, he blabbered on how it isn't necessary. I kept insisting, and in the end, he said he would call me back in one hour. I told him that if I don't get the insurance information within this hour, I would be calling my insurance carrier.

What should I actually do? I have his full name and cell phone number only.

[hffighter]

Sorry, I'm my mother's son (she does not speak English well), so I don't have much information on our insurance information with deductibles and such. I just know that we do have insurance from Mercury.

[ScottGem]

What do you want to do? Given the minimal damage the cost may be less than your deductible. Is your insurance through an agent? If so I would talk to the agent and explain you don't want to make a claim but want to report it in case he does. I suspect since he has refused to give info he's not going to make a claim.

[hffighter]

I'm not quite sure how much it will cost to fix the right quarter panel that popped/jammed slightly inward, since auto body shops aren't open on Sundays. However, an hour has passed and he has not called back. Yes, our insurance is through an agent.

[ScottGem]

So report it to your agent and get an estimate before you file a claim.

[hffighter]

It turns out that the other driver called MY insurance company to file a claim. I called my insurance carrier and got the claim number and I just need to wait until tomorrow now. The other driver did not give my insurance company his insurance information either.

[hffighter]

Also, is liability in this scenario actually affected by who backed out farther out of their parking space?

[ScottGem]

He had to give them some info to identify him. This is why you should have called your carrier immediately.

Did you talk to your carrier and file a counter claim? If not, call them back and tell them the whole story of what happened and include that he refused to give you his insurance info.

[hffighter]

I filed a counterclaim as soon as I found out he filed a claim. I explained that he did not give his insurance info to me, and my insurance company says that they were not provided with his insurance information by him either.

My insurance has filed the counterclaim and they said the adjuster will call both me and the other driver tomorrow for each of us to explain our side of the story.

[ballengerb1]

You insurance carrier know how to fight this battle so let them. No, how far out you backed has nothing to due with who is liable

[ScottGem]

Good luck and keep us posted

[hffighter]

I will post back tomorrow after the call with the adjuster! Any more tips or help to make sure everything goes smoothly? Thanks.