Car accident & insurance claims question???

Question

I got into a minor accident in parking lot. I was was going to reverse so I looked both ways and in all my mirrors. A car passed behind me and when I saw it pass, I started to reverse. Then, I felt a large bump. At first, I thought it was my fault since I was backing out, but then the other driver admitted that she had started to reverse after she had initially passed behind me because she wanted my parking spot. Also, she was on the phone at the time of the accident. We exchanged insurance info but a police report was not filed since no one was hurt and neither of us had ever been in an accident so we had no idea what to do. I now feel like it wasn't my fault, but I'm afraid she might file a claim saying I'm completely at fault. My car had some minor paint chips but her car has a huge dent on the side. How do I protect myself? Also, which one of us would be considered at fault by the insurance company?

Answer 1

depends on if your rear-end struck her side or her rear end struck your side.

generlly the one pulling out of the parking spotis at fault since theydid not yield the right of way.

call your insurance and give them the details.

sounds like your fault though

Answer 2

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Answer 3

The insurance companies will interview both of you and they will decide who was at fault.

Unless you state has laws about cell phone usage while driving that point will be irrelevant as she was not cited for unsafe movement. Even if you think it's your fault - don't ever say it to anyone there...just stick to the facts. You can tell your insurance company later when you file the claim IF you really feel that it is your fault.

In the future get a police report! In North Carolina - even in a parking lot with minimal damage you can get a report. If there are any witnesses - get contact info and give it to your insurance company. Good luck.