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eep2105 · May 1, 2009, 08:48 PM

Yesterday, I was in a minor car accident. After initially telling me that I was not at fault, my insurance company is now telling me I am at fault. If anyone has any thoughts/insights I would welcome them as I'm not sure who is right!

Here is the scenario (in California):
I am driving down a two-way street. I realized that I've passed a parking spot behind me, so I stop, place my car in reverse, look behind me, and begin backing-up (continuing to look behind me - the spot is probably 2 or 3 car lengths back - there are no other cars on the road behind me). The driver side of my car is suddenly struck by another driver who is attempting to make a left-hand turn into an entrance to a parking lot. All of the damage to my car is on the driver side. All of the damage to the other driver's car is the left/front. She clearly was the one who struck me... and some have told me that the person who is making the left-hand turn is always responsible. But was she only responsible for making sure that there was no oncoming traffic? I haven't been able to find any laws/information regarding responsiblilites or what is allowed when reversing a car.

Any thoughts would be welcome. Again, I may well be the one who is at fault. Just not sure. Certainly we were both moving at the time of the accident. Thanks!

Wondergirl · May 1, 2009, 08:53 PM

You were moving slowly backwards, so she may have not seen you doing that. I would guess the fault is yours because you were backing up and got in her way.

Fr_Chuck · May 1, 2009, 08:57 PM

They were not expecting a person to be traveling the wrong way in the other lane, ( backing up)

So I would call it illegal backing.

If I had been the police officer investigating this, I would have wrote you a ticket for illegal backing.

And yes she was to watch for "on comming traffic" but you were not oncomming you were backing the wrong way on your side of the road