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Question
This afternoon my brother was involved in a vehicle accident. From his scenario, he was at a park and backing his car out of a parking place to repark when a vehicle appeared out of no where and the back end of my brothers vehicle and the rear passenger of the other drivers vehicle collided. After speaking with the other driver, he admitted to not seeing my brothers vehicle. Had the other vehicle tried to stop, swerve, honk, or otherwise get out of the way, or alert my brother in some way, they could have had a less serious accident, however, since the other driver had not seen my brother backing up, he continued driving even after they had hit eachother, thus scraping up the whole back bumper of my brothers car as well as the whole back passenger door and bumper of his own car. The police were called to make a report, but no tickets were issued. The reason given for that was because it was in a park and on private property, and tickets could not be written there. My brother does not intend on fixing the scratches on his vehicle, but there is substantial damage on the other vehicle. My question is, how do car insurance companies handle a claim where there is no tickets written and from what could be carelessness on both drivers part? How do you determine whose fault the accident would be and who would have to pay for the damage?
Tickets have to do with breaking traffic laws. One can still be labile without breaking a law though.
The scenario that you've given does place the majority of the due care on the part of your brother, not the other vehicle. Whoever is backing or otherwise leaving a parking spot must yield right of way to other vehicles. If the other vehicle had a clear chance to avoid the accident, then in some states, they may be held partially liable. Your insurance company should be notified so they can properly defend you and access the proper liability.
Good luck!
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Answers by Expert:
webfoot
Expertise
Auto damage, liability, insurance fraud. I am a full time auto insurance adjuster with experience in collision, theft, liability and fraud investigation. I am also an ASE Master Auto Tech and I-Car Collision Platinum certified. My experience includes 15 years in the auto repair industry, a B.S. in Criminal Justice, Law enforcement and auto insurance. ****** NO "PRIVATE" QUESTIONS WILL BE ANSWERED. I HAVE FOUND THAT NEARLY ALL PRIVATE QUESTIONS COME FROM PEOPLE WHO ARE CONSIDERING OR ATTEMPTING TO COMMIT FELONY INSURANCE FRAUD AND I'M NOT HERE TO HELP YOU! ****** I AM HERE TO ANSWER AUTOMOTIVE REPAIR, CLAIMS PROCESS AND SOME SIMPLE LIABILITY QUESTIONS. I CANNOT ADDRESS COMPLEX LIABILITY SCENARIOS WITHOUT HAVING ALL OF THE INFO FROM BOTH SIDES IN FRONT OF ME. QUESTIONS ABOUT PREMIUMS OR HOW INSURANCE IS RATED SHOULD BE ADDRESSED TO YOUR PERSONAL INSURANCE AGENT WHO KNOWS A WHOLE LOT MORE ABOUT YOUR HISTORY THAN I DO. I'VE NEVER SOLD INSURANCE AND DO NOT KNOW IF YOUR INDIVIDUAL INSURANCE RATES WILL GO UP IF YOU MAKE A CLAIM. THOUGH I'VE HANDLED SOME VERY MINOR SOFT TISSUE INJURY SETTLEMENTS, I PREFER NOT TO ANSWER INJURY RELATED QUESTIONS. I'M NO INJURY EXPERT AND I'LL LIKELY SAY SOMETHING TO HURT SOMEONE'S FEELINGS AS I BELIEVE THAT MANY SOFT TISSUE PAIN AND SUFFERING CLAIMS ARE OVER DRAMATIZED. UNLIKE MANY OTHERS, I AM ON THIS FORUM AS A VOLUNTEER WITH NO PRODUCTS OR SERVICES TO SELL AND PROMISE AN UPFRONT ANSWER BASED ON MY EXPERIENCE IN BOTH SIDES OF THE INDUSTRY. IF YOU PROVIDE ME WITH A HONEST VERSION OF EVENTS, I PROMISE A CANDID AND HONEST ANSWER IN RETURN. I CANNOT ADDRESS ALL CLAIM SCENERIOS DUE TO DIFFERING STATE LAWS AND REGULATIONS, BUT WILL DO MY BEST. PLEASE REMEMBER THAT AN HONEST ANSWER MAY BE ONE THAT YOU DON'T LIKE SO IF THAT IS GOING TO BE A PROBLEM, PLEASE DON'T ASK THE QUESTION. LASTLY, I DO NOT ACCEPT RATINGS AS I DON'T DO THIS FOR RATINGS AND WISH TO SPEAK FREELY.
Experience
20 years in automotive industry, Currently in insurance claims, worked actively as technician and shop owner until about 10 years ago. Current ASE Master Auto Tech and I-Car Platinum Collision Certifications, B.S. Criminal Justice and 10 year auto insurance/extended warranty background
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