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dragonfli488 · Apr 5, 2007, 04:24 PM

I was in a accident where I was backing out of a parking spot. When I shifted to first my vehicle was jarred forward. I looked in my rearview mirror and the reverse lights were on on the other vehivle. I got out and assesed the damage none to my car and a slight dent in the other. I asked if they wanted to make a report and they said no. I gave them my info and went on my way. They are now saying that it is my fault and that I own 1600 for the damage. I am still unclear as to who was at fault that is why we decided not to make a report. If there was no report, no witnesses and no proof of who was at fault who would be liable? Please advise thanks

Fr_Chuck · Apr 5, 2007, 06:18 PM

If your vechile had not moved, it would be theirs, if you actually moved including rolling backward, then it would be equal fault normlly.

Actually two people backing into each other is very common.

But proving you were not moving is gong to be an issue, esp since you did not get a police report to show position of the vechiles exactly at point of contact.

So just deny any blame and turn it over to your insurance and let them worry about it.

tombb25 · Apr 17, 2007, 07:11 AM

What Fr_Chuck said is true, if you are not at fault, make sure your insurance understands that you really believe you aren't at fault for the loss. They should deny it and just fix your vehicle (minus your collision deductible). They will then subrogate to get the money back. It may go to what's called arbitration, this is where your insurance company and another will submit their evidence and arguments whey they are not at fault and why the other party is. The arbitration board will then make the decision who is at fault.

There is also a good chance it will be decided 50/50 which happens a lot in parking lot accidents. Main thing is just turn it over to your insurance and let them handle it.