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Auto Insurance Claims/parking lot accident NYS
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Question
The other day I was involved in an accident as I was pulling out of a parking space. It was straight in parking. The entrance to the parking lot would be to my right rear. There are 3 spaces. I was in the first space to the left. A car was parked in the middle space. The right space was vacant. I obviously check all my mirrors, as well as behind me and to the right and left before I proceeded to back out, cutting my wheel to the right. I would be backing behind the parked middle car. Next thing I know I'm being hit be the car pulling into the 3rd vacant spot. I have maybe a 3inch guff on the corner of my right rear bumper and the other party has a longer scraping on the left rear panel to the bumper. We did not call the police but exchanged info. The other driver stated "I saw you backing out so I sped up to get into the spot so you wouldn't hit me." If they saw me backing out, doesn't it make sense to stop and wait. I don't even know where they came from. They must've come flying into the parking lot. Anyhow, they contacted their insurance. I don't feel I am at fault. I am a commercial driver by profession. I am required to attend safety meetings every month. I know that excessive speed and lack of common sense was to blame....just looking for some other opinions or maybe some insight as to how the insurance companies may see it before I call back to give my statement. Thanks.
Generally speaking, the party who is backing bears the responsibility if another vehicle is struck.
However, the areas of damage, the other driver's statement and the excellent description of the loss that you've provided will help to mitigate your degree of liability.
If I were presented with this one as an adjuster, I'd likely accept no more than 50% liability. The other driver obviously had the last clear chance to avoid the collision.
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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