Expert: Richard L Carranza - 5/31/2005

Question
First , I want to thank you for your help.
Here is the thing.
It was in a street.
My car parked on one side , while another car parked the other side.
I was backing up and almost into the middle of the road. The head of my car was almost straightened.
at that time, the other car, which is a big one, started backing up and not seeing me, hit my car on the right side.
I don't have a crash policy. I am wandering if it is the other car's reponsibility to pay all the repair fee; And what should I do?

Thank you.


Answer
Backing accidents (where both cars are backing) are generally subject to debate as to who was at fault... generally both cars are at fault.. just a question of who's more at fault.

From what you relate it would appear as though you have the upper hand in that you were just about all the way out... plus you relate that your car was struck on the side... I assume by some part of the ther car's rear.

Have the other driver report the accident to his company and cooperate with then (making the car availabel for inspection, etc..

They may TRY and pay you 70, or 80, or 90% arguing that you were partially at fault.  I would simply tell them that you had COMPLETED BACKING, STOPPED and had put your car into a FORWARD gear when you were struck.

You should be OK unless you end up with either State Farm or Allstate on the other side.

Good Luck.....

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Thanks