I was in a minor accident, is it my fault ?

Question

My car was parked and turned off, i was sitting in the car and the guy parked next to me, backed up, hit my car,and pulled out part of my rear bumper with his front headlight. My car is still driveable ( it's not worth fixing because it's a 1985 toyota corolla), just the bumper is pulled out a little. He got out, we exchanged insurance information, he said he was sorry and that he was not paying attention. I did not bother to call my insurance company right away, Which was a big mistake. a couple of days ago the other guys insurance which was progressive called and asked me some questions. The next day his insurance company sent me a letter saying that the accident is my fault because I did not call my insurance company right away to notify them. Can they sue me because I did not notify my insurance right away ?? is his insurance company trying to get away with not having to pay for his headlight?? how is this my fault??

Answer 1

it's not your fault at all that guy is just trippin'

Answer 2

#1 CALL YOUR INSURANCE COMPANY!  Now!  #2  I really don't believe it's your fault, AT ALL.  I'm not sure of the "rules of insurance companies" but the guy CLEARLY said "I'm Sorry!" and you CLEARLY did nothing wrong.  I wish you all the best!!!

Answer 3

thats bs. he specificly said that he wasnt paying attention. its still his effing fault

Answer 4

no they can't sue you for not notifying your insurance. your car was not even on, so in what planet would this be considered your fault? take pictures of the damage to your car, he is probably trying to get YOUR insurance to cover his damage. also his insurance company will conduct an investigation and take pictures of HIS damage which will clearly show that your car was immobile while his was in motion. don't worry, just answer the questions truthfully, try not to get defensive and don't sign anything. it will be okay, and you'll be fine. good luck to you!

Answer 5

I think the insurance company is kind of right because u should have called but even if u dint call it still should.t be ur fault becuas eu were paying attention.

Answer 6

its not your fault, you have every right not to pay because it wasnt your fault, your car was parked and turned off, that proves it wasnt your fault, i say sue!

Answer 7

also should have filed a police report....seems like the guy that hit you has his bases covered now, and it's going to be your word against his & his insurance companies. You don't have any witnesses do you? Sorry to say, but even though you're not legally at fault..the story got twisted around, and now you're getting screwed.

And no, they cannot sue you because you didn't call your insurance company. That's your perogative whether or not to file a claim.

And yes, Progressive is trying to make you out to be the bad guy...fight it...don't let them take advantage of you!

You might need an attorney for this now.

Answer 8

in actuality when its hit from behind you should have called the cops and made a report with the guy standing there its now going to be your fault and no way to prove it wasn't yours. i am sorry but you willlose. its not notifying your insurance the best thing to do is call the cops first get police report and if you had of he'd had to agree with you and then you'd be in his place and vise versa but not he won't admit nothing and its your problem. sorry.

Answer 9

No it's the insurance company trying to get off from paying you. Let them know that you know your rights and fault can not be transferred simply because you didn't report it. Call you insurance company right away and say you didn't think you had to report it because it was the other guys fault. So you thought his insurance would take care of it. Then your insurance company will go to town on them. You where parked with the Vehicle off which means you are not at fault because you didn't cause the guy to back into you. Fight them tooth and nail I don't care if the car was built in 1910 you make sure the insurance company doesn't s***w you and in the future always, always contact the insurance. I don't care if a squirell threw an acorn at your windshield.

Answer 10

it isnt! not fair..

call them up and explain!

Answer 11

You need to notify your insurance company. It is not your fault. You just aren't represented because you don't have an insurance company working for you. Report the accident immediately.  You have insurance, use it. They can't sue you because they have no damages.

Answer 12

the act of calling or not calling your insurance company doesn't change the way the accident itself happened. OF COURSE his insurance company is going to say it was your fault. I would call your insurance company, explain everything, and go from there. If they are asking you for money, your insurance company may cover it, at the expense of the raising of your premiums, but they may also deny the claim. At the end of the day he admitted guilt at the scene of the accident and that would hold up in court if they do sue you.

Best of luck!

Answer 13

No, it was his fault. his inurance is supposed to deal with everything. your insurance shouldnt be bothered at all because it was not your fault. contact your insurance with that letter and show them and tell them what happened.

Answer 14

i don't think it's your fault.  he's the 1 who hit your car.  you weren't even driving or moving your car!  Your car was parked and he hit it, if anythink he should pay for your car.  it was his fault.

good luck with everything.

Answer 15

Contact your insurance company right away and let them figure it out.  but, yes, you should have contacted your insurance company right away.  Don't know what will happen next, but good luck