Expert: Anne - 8/19/2009

Question
QUESTION: My husband was backing out of an unmarked stall. He looked to his left and observed another truck (driver inside) stationary with it's bumper approximately 5 feet away, in the drive aisle lane that exits the lot. He was at the exit gate. My husband lifted his foot from the brake after confirming the way was clear to his right. Apparently at the same time, the vehicle described earlier began reversing. It travelled the 5 feet backward while our truck travelled about 2 1/2 to 3 feet backward. Our rear bumper struck a few inches in front of the other drivers rear bumper. We question the 60% liability our insurance adjuster is assigning. In my opinion, the driver of the other vehicle was capable of maintaining a steady gaze in the direction he was going (backward) whereas my husband had to turn his head back and forth. In a couple of seconds that my husband's head was turned to the right, the other vehicle began backing. Does it matter that the other man was blocking another parked vehicle and access to a vacant handicap spot to my husband's left when he was stationary? Does it matter that his truck was at the exit and no reasonable person would have expected him to reverse? He had passed up vacant spots to my husband's right.

Thank you for your valued opinion.


ANSWER: Hello Karen,

Well, all factors matter, including the ones you are mentioning. However, both drivers had a duty to look before moving backward. The duty is the same, regardless if one had to turn his head and the other did not. The duty to lookout is absolute, meaning that you must all and ensure that no vehicle or object can possibly hit you. Both drivers failed to do so.

You adjuster must explain why your husband is 10% more at fault that the other driver.

For more information about fault, please see:
http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

Good Luck
Anne
http://www.quirogalawoffice.com/

---------- FOLLOW-UP ----------

QUESTION: Our adjuster's explanation is that the other vehicle was "in control of the drive aisle" and the damage to the vehicles (the driver's side corner of our bumper struck the right rear quarter panel of the other truck, just in front of his bumper.
Any liabilty over 50% will authorize Geico to put a point on us and raise our rates.
I value your opinion as to what % liabilty you would assign in this case.
Thank you very much.

Answer
Well, the point of impact does not look very good (their rear quarter panel). What it means legally is that your husband had more time to see the truck (the truck had passed him, or the damage would be to the front of that truck). This might not flow from your facts, but usually it does substantiate more liability on one party.

My understanding is that insurance companies can raise rate if fault is above 10% fault, but it might not be Geico's policy.

Good Luck