Traffic accident situation, who will the police most likely blame? what's going to happen?

Question

So here's my situation, a few days ago i was going to school. i reversed down my driveway stopped and checked to make sure traffic was clear. i was stopped just before the curb. i see a car a few houses down approaching a stop. i look to my left and see that side is clear. then finally i decide it is safe to backout. after im out but not completely straight in the lane i stop to shift into drive. in a matter of a second SMACK! the car i had seen rear ends me. i didn't get hurt or anything but the lady in the other car runs out of her car crying and screaming "get police, call police call police!" so i do, and im just trying to calm her down but she's freaking out, i ask her if shes hurt and she says no. then the police asks if we need an ambulance i say no and i ask her and she goes "ummm...YES!! yes!! oh owww it hurts it hurts!" and lays on the ground. im like woah ok. so the police said i was backing out of my driveway too fast or i didn't check both ways when i backed out! wtf

Answer 1

Will here's a question?? Did they give you a ticket at the scene? If they did, it might say something like "backing with out safety"... my husband had this happen to him... we really think that the person that he "hit" did it on purpose, b/c they weren't there and we only "bumped" them, but they told the police that we "hit" them....grrrr.... insurance scammers!!! Your insurance may cover injures.... It says something about bodily injuries on the card!!

Sorry couldn't be more help.... If it goes to court.... don't plead guilty... make them provide substantial proof that it was your fault!!  Too many people automatically think they are in the fault, some states may have an Safety Training Option Program.... taking this class can help in certain situations.... it basically takes the ticket off your driving record..... not sure how it works for accidents... i have taken one for a speeding ticket!!

Answer 2

First, report the loss to your insurance company.  They will determine liability.  The police report is used as an aid.  The police do not assess liability.  They gather facts at the scene.  Since you were not cited, this bodes well for you.

However, you did back out of your driveway, and technically failed to yield the right of way to the other party.  It does sound as if the other party has some comparative negligence given the point of impact to your vehicle.  Depending on what state this accident occurred in, she may be barred from any recovery.  In some states, if you are even slightly at fault, you cannot recover.  

Your theory about being the one who was hit is a bit silly.  Supposing somebody ran a red light, but you hit that person, would that make you at fault for an accident?  

FYI - From what you have posted, expect a letter of representation from an attorney in the mail soon.   Refer it to your insurance company.

Answer 3

well if she take you to court she would be at fault because she rear ended you so she would be in trouble cause she had time to stop, in their eyes, but its your word against hers, i wouldn't worry to much cause the doctors will determine that nothing is wrong with the stupid *****, excuse my language, but you shouldn't have any worries!

Answer 4

Sounds as if you were at fault (Unsafe backing).   Who's fault  really shouldn't matter to you at this point.   It is good that you reported it to the police.  Now Just let  your insurance company

work things out.  Isn't that what you "hired" them to do in case of an accident?

And with all due respect to be more credible, Try not to use "LIKE", "freaking out","woah" she goes", "ummm".

Answer 5

i agree fully with Victor H....and to the person that gave the

" thumbs down" let me guess your logic.

a person is driving up the street. someone backs out of a driveway in front of them and causes an accident and it is the other persons fault for driving up the street ?

Answer 6

OK, first of all, police do NOT determine fault, they only offer an opinion.  

Second, if she hit the corner of your car, yes, this is your fault.  You were in reverse, AND you were entering the roadway - both of which are standards of fault.  

If she hit the bumper square on, in the middle, I'd say you have an arguement for this being HER fault, as you were actually stopped in the roadway.

Answer 7

unfortunatly it is your fault legally, as you are not just supposed to check your mirrors when backing up, but actually KEEP looking back while you are in reverse.... good luck with your insurance rates

Answer 8

First, what state did this happen in? and how far away was the other driver (like how many houses down)

And how long were you stopped before the other person hit you?

The insurance companies could argue both sides putting blame on each person.

They could say that you failed to  yield the right of way since you were backing from a private drive and the other driver was on the main road.

they could also argue that you were stopped in traffic at the time when the other person hit you.

If you didn't get a ticket that is a good thing.

The insurance companies will take statements from both of you and make a determination as far as who is liable for the accident.

You must also know the police do not determine fault.

Answer 9

you will most likely be charged. you have no proof that she ran the stop sign or was speeding.

this is clearly a chargeable accident on your part.

your only hope would be to locate a credible wittiness who could attest that her illegal actions contributed to the cause of the accident. (this is a slim hope)