Can someone tell me who’s at fault?

Question

I went to Sonic for lunch with my girlfriend today. I was completely backed out and I put it in drive when I see this jeep liberty backing out I start honking and she hits me her spare tire and rim hit right above my rear tire. Nothing happened to her vehicle but my bed is dented pretty badly and the paint is chipped. We both have State Farm and my agent asked if I was stopped and I said yes. I talked to the claims adjuster today and she asked if I wanted my insurance to pay. I said no im clearly not at fault I was backed completely out and about to drive off when it happened. Now im worried she is going to say that im at fault. None of the car hops watched it happen. But my girlfriend was there is she a viable witness? I also heard from a friend that you can not sue the other driver if its on private property. Anyone else ever heard this?

Answer 1

Sonic has onsite cameras in there parking lots. I don’t know who would be at fault (it sounds like the other driver)  but the evidence is right there on camera and camera's don't lie. Hope this helps – Mo

Answer 2

You can sue anyone at anytime for anything -- so being on private property wouldn't matter.  And yes,  your girlfriend is certainly a viable and credible witness since she was in the car at the time.  Investigations into claims of this sort always include a statement from passengers who were present in the vehicle.  It sounds to me as though it's definitely the other person's fault and if it were me, I would have the insurance company act accordingly -- they need to go after the other person and their insurance company for the damage done to your vehicle.  

If the woman had backed into a person simply driving down thru the parking lot, she would be at fault.  It's the same in your situation -- so long as you were completely backed out of the space and headed out (ready to drive away).  

I think a claims adjuster always asks if you want your insurance to pay -- it's their way of finding out who you think is at fault for the accident.  Simply tell them no,  you do not want to pay for her damages (or yours).  You should tell your insurance company that the other person was at fault and you want  her and her insurance company pursued for damages.

Answer 3

Honestly, it sounds like she's at fault. Were the police called? If not, you're dumb (no offense) because now it's your word against hers which doesn't stand up with insurance OR court. Sonic should have cameras so ask sonic if you can use the tape to prove you were sitting still and she hit you. And the thing about private property is no one will be cited with a ticket from a policy on private property but she can still be deemed at fault.

Answer 4

I think your friend may be wrong. I never heard of that. And it sounds to me like the crazy so-and-so woman is at fault!

I wish I could give you more info on what do to..sorry! I wish you lots of luck with this!

Answer 5

the point of impact on your truck suggest that you were out of your stall and in control of the parking lot isle, your adjuster should find the other driver at fault.  however, if the other driver has a different story her adjuster may find you at fault or say that both of you were at fault. you need to take a hard stance... your GF's statement would help becuase she is not an independednt witness. if your insurance company doesn't pay 100% of your vehcile's damage under the other ladies policy I would file a complaint w/your state's Insurance Commissioner - based on point of impacts to both cars

Answer 6

Its called unsafe backing, so depending on if you called the police and had her ticketed or not, you may or may not be screwed.

You really shouldnt sue her though, considering it was an accident.  Besides, more than likely in your insurance clause it says that if you sue somebody for the accident, then the insurance company has the right to take away the money awarded to you.  

Just let state farms billion dollar a year revenue pay for the damages to your vehicle, and be on your way.

Answer 7

I don't know about the whole private property thing, but it sounds to me like you were not at fault. If the accident happened exactly as you described I'd say the driver of the Jeep didn't look behind her well enough before she backed out. Your girlfriend is definitely a viable witness and she'll need to write a statement about what happened and get it to the insurance company. If you're serious about suing the other driver, contact a lawyer. There are lots of cases just like yours out there and I'm sure somebody would be able to advise you on your rights specific to where you live.

Answer 8

Sorry but your gf is not a viable witness...  You can still talk to an attorney and see what options you have.  I think you can still sue though.  The claims adj probably just asked if you wanted to fix your vehicle through your insurance because sometimes the liability investigation can drag its feet and sometimes is recommendable for you to actually go through your own insurance instead of waiting for the other parties insurance to fix your vehicle.  Is your vehicle driveable?  If it is then you can wait until liability has been accepted.  If your vehicle is not driveable you can wait only a couple of days (and by that i mean about 5 business days at most) to see if her insurance will pay or not, if it goes past 5 days then i do recommend you fix your vehicle through your own insurance because if your vehicle is in storage for more than just a couple of days, it might come out of your pocket.  Also insurance companies will not pay for a rental unless the vehicle is at a body shop being worked on.  Trust me, i have worked with an atty before and this is pretty much how it goes.  I know it's not fair, but instead of you spending money you don't have to, sometimes it's just better to go through your own insurance company.