by Kris Reid  May 23, 2010 7:06 am

Yesterday after work I got into my car and was about to pull out of my parking spot when I saw another car park behind me in another parking row. I waited for him to park and started pulling out when he, all of a sudden, started pulling out as well (I don’t know why he parked and pulled out again). I stopped but he didn’t and he drove into my car and smashed the corner of my back bumper. The light was not damaged but my bumper is trashed. His car has just a scratch and mine needs repair. I wrote down his insurance information and we exchanged telephone numbers. I told him that I will see how much it would cost to repair my car and I will get back to him. When I called him he started giving me this crap that it was our mutual fault and I should fix my car through my insurance! I told him that I don’t see myself being at fault. What should I do? I can file a claim on his policy but if his insurance company starts investigating how will they know who was at fault? This idiot will just say that we both did not stop. How can I prove that it’s his fault and get this thing paid through his insurance? Since my car is much more damaged then his does that prove that I stopped and hi didn’t?

Any advice would be greatly appreciated.

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  1. by Wounded Duck May 23, 2010 at 8:02 am

    Fault is not the point anymore. This is economics now!! If your repair bill is less than the rise in premiums you will have to pay after reporting this, just fix it yourself and be more careful from now on. If you insist on filing a claim, be prepared for a lot of misery!

  2. by Daniel C May 23, 2010 at 8:51 am

    Well, it’s his word against yours. You were right to wait until he finished parking before pulling out and the law says that the person in reverse bears full responsibility to clear traffic.

    Without witnesses all you can do is file on his insurance and tell the truth. If they deny, you’re stuck. You could go through your insurance company; that’ll get your car fixed and they can deal with the other insurance company (it’s called subrogation) and may have a better time of it than you would.

  3. by Miss Tash May 23, 2010 at 9:06 am

    Since your damage is to your back bumper and not to the side of your car. (Your lucky if there is no damage to the side of your car) You don’t have to worry about anything. When the point of impact on a car is in the rear, 90% of the time the other person is at fault. Unless he says you backed up into him. It sounds pretty uncomplicated. Go ahead a report it to your insurance to speed up the repairs. I would leave out the part about starting to pull out. Just say you were going to pull out but stopped when you saw he was about to pull back out. They will just go through his insurance to reimburse themselves and any deductible you had to pay. Or you can go through his insurance. If they accept fault, tell them your car is unsafe to drive because the back light is out and have them put you in a rental until your car gets to the shop and is fixed. I used to be a GEICO claims rep. Good luck!

  4. by rrgalaxy May 23, 2010 at 9:11 am

    That almost the same thing that happened to me. Except my boyfriend was driving my car and we were backing out of our driveway and our neighbor directly in front was doing the same thing and we collided….the other guy was like an 80 year old man but my boyrfriend barely looked back either so it WAS mutual both their faults and my brand new car had a dent on it now and i didn’t even bother calling the cops cuz i knew they would declare it a no fault or something and it would’ve been a big waste of time plus i would’ve rather fixed it myself. It was just a little dent but still, i had my car brand new for maybe a month! So my advice to you, since yours was way more damage… to forget about it. You should’ve called the police right away or tried to take pictures somehow. But for sure if you cannot afford to fix it, CALL THE POLICE next time. Sorry dude. It happens to the best of us.

  5. by la428282 May 23, 2010 at 9:13 am

    This ones easy. You will NEVER be able to prove he was completely at fault here. Unless theres a witness or something.. it will likely be 50/50 because he will say you both were backing. No about of b*tching, whining, complaining, or calls from attorneys will change that.

    Sorry, life isnt always fair.

  6. by ckcool192000 May 23, 2010 at 9:15 am

    It sounds like a difficult situation, number one there is no police report that will say whose fault it is. Number two, of course this guy is going to deny being at fault, he doesn’t want to have to pay your repair bill. Number 3 you should notify your insurance company regarding what happened. Number 3, if the repair bill is fairly high and it would be worth it I would contact a lawyer and let him handle the guy,

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