I was in a very strange accident where I was stopped but am being acused of failure 2 avoid. Is this my fault?

Question

I was leaving a gated parking lot and going to turn onto a 2 lane side st. B4 I entered the st I noticed a moving truck backing up from the alley directly across the st coming right at me. I assumed he was going to back out and then turn left or right so I was fully stopped waiting for him. He kept backing straight out, and when the back of his truck was about 10 ft from my car I got nervous and started honking my horn to get his attention still thinking he would stop before entering the driveway I was stopped in. Unfortunately he did not hear my horn and before I could go in reverse the back of truck smashed the hood of my car. After that I jumped out and got his attention and he drove forward and parked where we exchanged info. His ins says it is my fault bc I had about a car length of room behind me to back up, I say it is his fault bc I was completely stopped and had no clue of his intentions and did not expect him to back into the exit side of a gated driveway. Who is at fault?

Answer 1

The way I read this is that he BACKED ACROSS A PUBLIC STREET,AND INTO THE ALLEY WHERE YOU WERE STOPPED. The point I am getting at is that you DIDN'T pull up behind him and block his way. If this is indeed the case it is HIS fault.

If he couldn't see into an alley that he needed to get into he should have got out of his truck and checked it out.

I drive a truck and I have been taught to check behind you twice then check again.

That's MY $.02 worth anyway.

Answer 2

I would let the insurance handle it.  My wife in involved in a similar situation.  At the end, my insurance covered for my damage and the other insurance covered for the other driver.

Answer 3

It is not your place nor the other driver  to judge who is at fault.  It doesn't matter that you say it is  or is not your fault.  The police and/or the insurance companies are the only people who can assess fault.   Simply turn this in to your insurance company and let them and the other insurance company decide what to do.  The last thing you need to worry about now, is "FAULT".  BTW, My money says that it will be the other guys fault.  "unsafe backing"

Answer 4

I didn't hear anything about a police report.. if you left without calling the cops then that was really dumb of you.  It was not your fault.  I was one time in that situation only I was the truck backing up.  If you didn't call the cops you might need to contact a lawyer.

Answer 5

For get about his insurance company. They will do what every they hap to keep from paying you for the damage to your car. I had it happen to me. They ended up pay for my damage car. I hope you have reported this to you insurance company.  Let them handle his insurance company. It does not matter if you could had back up a mile. He was backing up. He is post to check his mirrors on both sides. And it is his failt. And I would talk to a aacident lawyer. And think about suing his company and the driver for fail to stop. It would had been better if you called the police to come to the aacident. He was backing from a main street. And causing damage to another vehicle. He failed give right away to another vehicle.

Answer 6

You were stopped.  The person backing is at fault.  Just make sure your insurance company has a copy of the police report and they will collect damages from his company.  You don't need to back up to avoid being hit.

Answer 7

I'd say him but insurance is evil.

Answer 8

its his fault he should know where he is at all times, and he didnt look before he backed up