Auto accident dont no if it was my fault or not?

Question

i was backing out of a parking space on private property i didn't see any one behind me the all of a sudden i hear a big noise my car had struck another one the guy in the other car was a elderly guy he speed ed by my car so that he could get past me before i backed out i no he was speeding because his car ended up so far away from mine and when he braked i heard is tires skidding he started blaming me i had heard that on parking lot accidents on private property police does not give blame to any one or tickets and that usually it is considered 50/50 and when it is considered 50/50 does that mean he pays for half on my damaged and i pay half of his or his and mine total damage cost is combined and it is divided 50/50 can any one help me i need help badly.

Answer 1

well really you was backing up its your fault... and then you shoul dhave call the cops and had a report filled out so you could turn it in on insurance.... and no its not 50/50 its you paying for the car you back into

Answer 2

The police have no jurisdiction over automobile accidents on provate property..  The rules of negligence are a civil matter and they are what determines liability for another person's damages.

Who pays for what depends on the law in the state where the accident happened.  In my state you would be held at least 70% responsible for the accident because of lack of lookout(you didn't see him) and poor management of the vehicle (you were the one changing speed ie backing from a parked position)  He also had a duty of lookout(your back up lights came on) and so would be held partially responsible for the accident.  You can't say anything re his speed or other actions because YOU DIDN'T SEE HIM.  His reaction tiime could have been slowed because of his age and the shock of being hit.

Answer 3

You were backing up. You are required to be sure it is safe to back up before you do so. It does not matter how fast the other driver was going, he had the right of way (even on private property, and you backed into him. You are 100% at fault. Notify your insurance company immediately and be more careful in the future!

Answer 4

Sounds like your percentage of negligence is greater than 50% since you were backing.  He had the right of way, and I doubt that you can prove that he was speeding.  Where was the point of impact to his vehicle?  Your vehicle?  

You should both report the loss to your own insurance companies.  If you have Collision coverage,  yours will pay you in full, less your deductible.  Depending on your state's comparative negligence laws, they may be able to subrogate to recover a percentage of what they paid out including your deductible.   In some states 50% is a bar to recovery.  In others, if you are only 1% at fault you cannot recover.   Others, you can be 99% at fault and recover 1%.  

If you do not have Collision coverage, you can file a claim against is Liability coverage.  The insurance company will complete a liability investigatin to determine negligence.  If they find this loss to be 50/50, then you may recover 50% of your total damage.  Again, depending on your states comparative negligence rules.

Answer 5

Parking lot accidents are sometimes complicated, normally you would just pay for your and he for his. unless one of you wants to really push for the other to pay.  If he was elderly he probably wasn't even paying attention.

Answer 6

Sorry, private property or not, the car backing can not back until the way is clear.  If you hit someone, it wasn't clear which will make it your fault.  Some police departments won't take reports on private property, but the rules still apply.  It would only be 50-50 if you were both backing and didn't see each other.  But here, you were backing, he had the right of way, your fault.  Notify your insurance.

Answer 7

Did this just happen, did you take pictures of damage and skid marks? If he could be proved to ahve been speeding, then HE could be proven as being the major the cause of the accident. However, if you were backing up onto a one-way street, then you should have been able to back up with most of your concentration in the direction from which traffic would be coming ...if a two lane street, if he wasn't speeding, AND you were backing out slowly, he should have been able to avoid him.  

My thinking is: if you are backing up properly, with full care, it is more likely that you would be hit, rather than you hitting something. If you are backing up properly, with full care, a speeding vehicle would hit you and a vehicle driving properly could stop (or go around you while you jam on the breaks). If you're both making errors, than your chances of being the hitter, not the hitter, increase