Legal question (more curiosity)

[pippin]

(If any of you are on facebook, you can see the photos there of said incident).

So on Thursday I was minding my own business of a Caribou Coffee (way better than starbucks and much more local) parking lot waiting to go onto the street. I was stationary about 5 feet or so behind a Dodge 2500 pickup, which was behind a big delivery truck.

Anyway, delivery truck goes to turn right, went too wide and needed to reverse back to get a better angle. I see said reverse lights on the delivery truck, and proceed to put my car into reverse to make room for the pickup. Before I could even get it into reverse, the driver of the pickup throws his in reverse, and slams into me. All I could do is prep myself for impact.

I get out, we exchange names insurance and such, he looks at my car and admits fault.

Now, since I'm the one that was stationary and he hit me, although it was technically a rear end collision, who do you think is at fault? Me or him? I say this because since I've already filed my claim with my insurance company, and they in turn filed a claim on my behalf to his insurance company, I'm expecting him to say I hit him.

Ideas? Opinions? Anyone else here rear-ended someone without actually moving an inch?

[110240]

sounds like you had a car crash. Theyre quite common these days.

Back in my day when we had horse and cart no problems like this occured we were all happy and the sun was always shining.

[jspekbb6]

on a more serious note... rear end accidents suck.. only thing you can do in this situation is hope hes a man of his word. if he was backing up.. on a actual street.. with on coming traffic..thats a lil against the law... haha... but yeah good luck with everything, hopfully he's a stand up person.

[pippin]

we'll see. Now, there was NO damage to his truck obviously. A 2007 Impreza vs. a Dodge 2500 pickup isn't a fair fight.

But the other curious thing is that my comprehensive deductible is $500, my collision is $1000.. what would it be covered under (assuming geico - his insurance - give me the stiff one and say they're not going to pay). Hubby says comprehensive, progressive say collision, even though I wasn't moving...

[110240]

how much damage did they do?

[LDB]

It is a collision claim. The two vehicles collided, regardless of whether only one or both were moving. I hope you filed a police report and if not then do so asap. Also, not picking on you but just for general benefit, never pull within 10 feet of the vehicle in front of you. That gives you at least a little buffer zone/time to hopefully get on the horn before being hit as well as room to get around and away should there be a need to do so. Good luck with your claim.

[Duffy Pratt]

A similar thing happened to me about 10 years ago. The driver who backed into me was a cab driver. He admitted fault at the scene. Then he changed his mind and claimed a few thousand in damages plus medical expenses for whiplash. We didn't call the police at the scene. The insurance companies ended up believing me. So you do have a chance, even if the guy is a jerk. Good luck.

Duffy

[Daylon]

Clearly his fault. The person in a stationary vehicle always wins. One of the tenets of automobile law is that you must "maintain control of your vehicle at all times" backing up into a stationary object negates that premise.

D.

Originally Posted by pippin

(If any of you are on facebook, you can see the photos there of said incident).

So on Thursday I was minding my own business of a Caribou Coffee (way better than starbucks and much more local) parking lot waiting to go onto the street. I was stationary about 5 feet or so behind a Dodge 2500 pickup, which was behind a big delivery truck.

Anyway, delivery truck goes to turn right, went too wide and needed to reverse back to get a better angle. I see said reverse lights on the delivery truck, and proceed to put my car into reverse to make room for the pickup. Before I could even get it into reverse, the driver of the pickup throws his in reverse, and slams into me. All I could do is prep myself for impact.

I get out, we exchange names insurance and such, he looks at my car and admits fault.

Now, since I'm the one that was stationary and he hit me, although it was technically a rear end collision, who do you think is at fault? Me or him? I say this because since I've already filed my claim with my insurance company, and they in turn filed a claim on my behalf to his insurance company, I'm expecting him to say I hit him.

Ideas? Opinions? Anyone else here rear-ended someone without actually moving an inch?

[alamoshutterbug]

I was in a Wendy's drive thru line one day several years ago and a large Dodge Dueley was in front of me. He decided not to get Wendy's I guess and tried to back out of the line. He couldn't see me and backed right into my car. We didn't have the police file a report but I did go down to the station an hour later to file a blue sheet with them to at least make my side of the story official. He originally wanted to not deal with insurance, but after giving me the financial hardship runaround for a bit, I filed against him and was never questioned about it. $1800 in damage fully paid. Hope you get what you need on this one.

[CobyPhoto]

Lisa,

Not sure avout Colorado, but always, ALWAYS get a police report on the spot! Without this, witnesses and corresponding damage to his vehicle, I have seen the driver claim he didn't hit you and the insurance company refused to fight the claim, because there was no evidence he hit you...(i.e. police report, witnesses, damage.) Hopefully he will do the right thing, and admit he hit you so you won't have to take the hit on your insurance.

Good luck.

Oh, at least he had insurance. The last three accidents I have had, the person at fault had no insurance. So I have had to claim those on mine.

CJ

[LDB]

Again, because it's important, never get closer than 10 feet to the vehicle in front of you except in a parking space. It doesn't matter where you are, unless you are somewhere and a police officer is there instructing you to do so. Also, save gasoline, save some ozone, help your health a little and get out of the lazy lane (drive through). Park the stupid car and walk in/out of the building. We're a nation of under-exercises and overweight people and the majority fit. The remainder won't be hurt any by going inside and it's good for the environment and your fuel budget too.

[pippin]

there was no drive through. I had already gone in and got what I wanted and was leaving the parking lot.

As for police - there was a motorcycle cop that watched what happened, but was more interested catching people speeding. Plus since it was private property they generally don't bother unless there was an injury.

[LDB]

The drive through comment was for others, not your incident.

[Cope]

Originally Posted by LDB

It is a collision claim. The two vehicles collided, regardless of whether only one or both were moving. I hope you filed a police report and if not then do so asap. Also, not picking on you but just for general benefit, never pull within 10 feet of the vehicle in front of you. That gives you at least a little buffer zone/time to hopefully get on the horn before being hit as well as room to get around and away should there be a need to do so. Good luck with your claim.

Police report probably won't help since this was in a parking lot. Police won't get involevd unless there is an injury, no insurance, or such.

[LDB]

Originally Posted by Cope

Police report probably won't help since this was in a parking lot. Police won't get involevd unless there is an injury, no insurance, or such.

Maybe not but it couldn't hurt anything to have it recorded.