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Expert: webfoot - 8/30/2006


Question
While backing out of my parents driveway I ran into the rear end of my brother-in-laws car.  I was very confused how I did this since I had looked both ways and saw nothing in the street.  We both jumped out of our cars and while my car had a very small scratch his rear bumper had a lot of damage.  We did not file a police report because we were both on the way to the funeral home for my mother and said we would figure it out later.  I assumed it was my fault because I did not see him and told him I would take care of it.  Later I found out that he had pulled into the neighbors driveway across the street and was backing up at the same time I was.  My questions are: 1) Who is at fault here? 2) Since a police report was not filed can a clain still be processed through insurance?  Since it involves a family member I would like there to be as little hard feelings as possible.  Thank You

Answer
For something like this, you would not need a police report to involve insurance.  

If someone saw him actually moving at the same time that you were, then I'd say this is 50/50 with each party paying for their own damages.  It's possible that you were both backing, but he may have stopped backing right before you hit him.  You might want to get the witness to expand on that a little.  If he had stopped first, then you should go ahead and tell your insurance company that and let them just pay for all damages.

With it being family, you're right; it's a hard call.  Something like this could turn into a squabble that could last a lifetime.  Therefore, if it gets down to splitting hairs on who stopped first, you might just want to concede.  

Oh, given the description of the damage, it does sound like he may have stopped right before impact.  Otherwise, his damage may have been further foward into the 1/4 panel or door.

Good luck and I'd appreciate your feedback.  

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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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