Sooo, I was in a car accident today...

[CantStopTheHopp]

and it was on private property. My university's parking lot to be exact. I'm just wondering what everyone thinks are the chances the insurance companies will side with me. Here's what happened:

I got in my car. Put my seat belt on. Looked behind me and saw nobody coming so I started backing out of the parking spot. Still saw nothing as I braked, so I looked forward, put my car in drive and BAM, got hit in the right rear bumper by a Ford F150.

My take on it is that it was the other guy's fault because I was completely out of the parking space and had just put my car in drive. Oh, and he must have been going pretty darn fast because when he clipped the back of my car, my car spun 90 degrees...so I'm a little sore now.

Anybody else think this is a reasonable conclusion or could the other guy get off saying that I backed into him?

[harbingerofdoom]

any witnesses?
if not, who knows whats going to happen.
but if you were pointed in the correct direction and NOT AT ALL in a parking space, then chances are he is going to be at fault on this one.
if any part of your car at all was still in a parking space, you are at fault.

[Bearclaw]

A picture aid would be most helpful. Based on your description, I would think an logical insurance agent would side with you unless the other guy tells an equally compelling lie.

[mercuryshadow09]

I'm pretty sure if you rear-end somebody you're at fault, he should have been in control of his vehicle at all time's.

[CantStopTheHopp]

any witnesses?
if not, who knows whats going to happen.
but if you were pointed in the correct direction and NOT AT ALL in a parking space, then chances are he is going to be at fault on this one.
if any part of your car at all was still in a parking space, you are at fault.

The parking lot was full but one guy was there immediately and I think he said he saw it...pretty sure he's friends with the guy who hit me though.

I was completely out of my parking space though. If I wasn't, when he hit me, my car would've spun into one of the cars I was parked between.

[HMXDungHeaver]

Sorry to hear about the accident, hope you're alright.

By the sound of it, I would assume that he was at fault since you were completely out of the spot. Good luck dealing with the insurance company, they can sometimes be a pain. If it's on your school's campus, maybe you should ask them if there were any surveillance videos that caught the accident on camera.

[CantStopTheHopp]

A picture aid would be most helpful. Based on your description, I would think an logical insurance agent would side with you unless the other guy tells an equally compelling lie.

[] [] [] [] [] [] [] [] []... [] [] [] [] []
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[] [] [] [] [] [] [] [] [] [] [] [] [] [] [] []

That's the best I could do with text. The ( [] [] ) is the row of parked cars. The ( / / ) is my car. The ( |__| ) is his truck. I was pulling out so I could go left and afterward, I was turned like I was trying to go right.

Edit: Not sure why, but my "graph" isn't looking right. Just imagine somewhere in the row of cars an empty space.
Fixed it, kinda.

[CantStopTheHopp]

Sorry to hear about the accident, hope you're alright.

By the sound of it, I would assume that he was at fault since you were completely out of the spot. Good luck dealing with the insurance company, they can sometimes be a pain. If it's on your school's campus, maybe you should ask them if there were any surveillance videos that caught the accident on camera.

Thanks for the concern. I'm going to the doctor tomorrow to be sure there's no whiplash and to go on record as seeking medical attention for legal purposes.

And thanks for the tip on surveillance cameras. We've got a few around campus so there might be luck yet.

[BYC]

When a person hits another person from behind, it's almost always the person who hit from behind's fault.

Moral of this story, never rear-end somebody.

[topperharley]

That sucks. Hope you are okay and there are no injuries.

What you described is not really a rear ending. But I would say that since you didn't hit either of the cars you were parked next to, you can make a good argument that you were completely out of the parking space. That, and the fact that your car spun as much as it did when you were hit would suggest that the other car was going faster than is safe in a crowded parking lot.

Did you file an accident report?

[jeccaneko]

He's probably going to be considered at fault. He rear ended you.

It feels like over 90% of the time, at least here in MD, if you rear end somebody you're at fault. That's why you leave enough space between you and the other car, and if you think you can't stop in time when they slam on the brakes you do everything possible to avoid hitting them, like driving onto the shoulder if there is one.

[CantStopTheHopp]

That sucks. Hope you are okay and there are no injuries.

What you described is not really a rear ending. But I would say that since you didn't hit either of the cars you were parked next to, you can make a good argument that you were completely out of the parking space. That, and the fact that your car spun as much as it did when you were hit would suggest that the other car was going faster than is safe in a crowded parking lot.

Did you file an accident report?

The campus security guard came by and took our information. Not sure what details he included about the accident itself. He said I could get a copy of the report on Friday, but I'm gonna try and get it sooner so this can get straightened out with insurance.

I'm wishing I knew more about physics right now so I could figure out just how fast he was going. I know enough to know that his truck weighing 1,000 pounds more than my car doesn't matter when you're talking about kinetic energy. Speed is what's gonna create the kinda force to turn my car like that.

[rocketmanpwns]

When a person hits another person from behind, it's almost always the person who hit from behind's fault.

Moral of this story, never rear-end somebody.

Lol

[voodoo618]

It should be pretty obvious from the damage who it who.

I was in a car wreck 2 years ago and it sucks. 60mph into the side of a car. =/ The traffic lights were apparently out and for some reason the green light looked on due to the sun.

[harbingerofdoom]

[] [] [] [] [] [] [] [] []... [] [] [] [] []
........................../ /
......................../ /___
..........................|___|
[] [] [] [] [] [] [] [] [] [] [] [] [] [] [] []

That's the best I could do with text. The ( [] [] ) is the row of parked cars. The ( / / ) is my car. The ( |__| ) is his truck. I was pulling out so I could go left and afterward, I was turned like I was trying to go right.

Edit: Not sure why, but my "graph" isn't looking right. Just imagine somewhere in the row of cars an empty space.
Fixed it, kinda.

if i grasp what your thing shows, you are going to wind up being at fault on this one. keep in mind that traffic laws do vary from state to state, but in california, you would be at fault.
im basing this on working for state farm for a couple years and being licensed for fire and casualty (which covers auto).
but hey... dont worry... i could be wrong, you could get an adjuster that doesnt want to pay anything out and would rather fight it until his insurance gives up...its happened before (more frequently than you would imagine).

[moneyp]

When a person hits another person from behind, it's almost always the person who hit from behind's fault.

Moral of this story, never rear-end somebody.

Yep. The assumption of guilt is always on the car with the dented front fender, not rear fender. Which leads me to a strange story.

I was stuck in traffic on the freeway when an old woman for some reason started backing up in front of me. I honked my horn, but she kept coming. I had the shoulder to my left so I backed my car up on to the shoulder and she suddenly sped up, ramming the car in back of me. She then tried to claim that the guy had hit her, so I stuck around to give the right story to the cop.

When the cop arrived, she started crying, saying the guy had paid me to hang around and lie, and he was actually starting to believe her until I pointed out the skid marks in the ground that were in front of the tires of her car and his. Then a woman arrived; she was driving by and saw the accident, got off at the next exit and drove back to the scene to give another eyewitness account. That was it for the old lady. She fired off a very un-ladylike string of profanity, including a few racist pejoratives directed at me (Hispanic), the woman (who was Asian) and the cop (who was black). I've never been so satisfied to see an old lady cuffed and stuffed into the back of a patrol car.

[mercuryshadow09]

Yep. The assumption of guilt is always on the car with the dented front fender, not rear fender. Which leads me to a strange story.

I was stuck in traffic on the freeway when an old woman for some reason started backing up in front of me. I honked my horn, but she kept coming. I had the shoulder to my left so I backed my car up on to the shoulder and she suddenly sped up, ramming the car in back of me. She then tried to claim that the guy had hit her, so I stuck around to give the right story to the cop.

When the cop arrived, she started crying, saying the guy had paid me to hang around and lie, and he was actually starting to believe her until I pointed out the skid marks in the ground that were in front of the tires of her car and his. Then a woman arrived; she was driving by and saw the accident, got off at the next exit and drove back to the scene to give another eyewitness account. That was it for the old lady. She fired off a very un-ladylike string of profanity, including a few racist pejoratives directed at me (Hispanic), the woman (who was Asian) and the cop (who was black). I've never been so satisfied to see an old lady cuffed and stuffed into the back of a patrol car.

Lol, funny stuff.

[CantStopTheHopp]

if i grasp what your thing shows, you are going to wind up being at fault on this one. keep in mind that traffic laws do vary from state to state, but in california, you would be at fault.
im basing this on working for state farm for a couple years and being licensed for fire and casualty (which covers auto).
but hey... dont worry... i could be wrong, you could get an adjuster that doesnt want to pay anything out and would rather fight it until his insurance gives up...its happened before (more frequently than you would imagine).

I hope they don't screw me. At least I hope they take into consideration how fast he was going. I'm still very sore from that impact. :(

[topperharley]

I've never been so satisfied to see an old lady cuffed and stuffed into the back of a patrol car.

That's always satisfying.

[Alright_Computer]

Don't let them pull any lies on you. If you were out of the parking space like you say you were, then he's at fault. If he lies to lessen his insurance bill (and he probably will) then don't be afraid to say that he's completely wrong.

[CantStopTheHopp]

Don't let them pull any lies on you. If you were out of the parking space like you say you were, then he's at fault. If he lies to lessen his insurance bill (and he probably will) then don't be afraid to say that he's completely wrong.

I fully expect him to lie. I just hope that the evidence is sufficient to prove what I'm saying.

[Alright_Computer]

I fully expect him to lie. I just hope that the evidence is sufficient to prove what I'm saying.

Well, the car spun 90 degrees, which clearly means he was going well over the speed limit of a parking lot, plus the fact that the skid marks would go your way (if there are any) so you should hopefully be OK.

[harbingerofdoom]

I hope they don't screw me. At least I hope they take into consideration how fast he was going. I'm still very sore from that impact. :(

that might take it to a 50/50 deal
but unfortunately for you, he didnt actually 'rear end' you because you were pulling out of a parking spot.
but if the amount of damage shows that he was in fact going to fast, they will probably call it shared fault.. which works out better for you...just not as good as him being completely at fault...
(sorry, didnt realize from your other posts that he was apparently going to fast)

[bmaninc]

that might take it to a 50/50 deal
but unfortunately for you, he didnt actually 'rear end' you because you were pulling out of a parking spot.
but if the amount of damage shows that he was in fact going to fast, they will probably call it shared fault.. which works out better for you...just not as good as him being completely at fault...
(sorry, didnt realize from your other posts that he was apparently going to fast)

No, shared fault is just as bad because it counts as an accident for you.

[CantStopTheHopp]

that might take it to a 50/50 deal
but unfortunately for you, he didnt actually 'rear end' you because you were pulling out of a parking spot.
but if the amount of damage shows that he was in fact going to fast, they will probably call it shared fault.. which works out better for you...just not as good as him being completely at fault...
(sorry, didnt realize from your other posts that he was apparently going to fast)

They should find that it was all his fault though. I had completely backed out and had just put my car in drive. Plus, I did a little math. At 25 mph, he could have covered 72 feet in 2 seconds...about the time it would've taken me to look forward and put my car in drive, which is why I didn't see him coming when I last looked behind me.

[BYC]

They should find that it was all his fault though. I had completely backed out and had just put my car in drive. Plus, I did a little math. At 25 mph, he could have covered 72 feet in 2 seconds...about the time it would've taken me to look forward and put my car in drive, which is why I didn't see him coming when I last looked behind me.
You're gonna have to do some logic debating and possibly looking up the laws regarding collision. This is probably going to court about fault.

[CantStopTheHopp]

You're gonna have to do some logic debating and possibly looking up the laws regarding collision. This is probably going to court about fault.

That is why his speed is so important. If I had been backing into him, he would have had to go that much faster to carry my car as far as he did. Clipping an unmoving car's right rear bumper and turning it 90 degrees takes a lot of force. Turning a car that is moving into you requires even more force. If he wants to say I was backing up, that means he was going even faster, which hurts him just as much as it helps.

[harbingerofdoom]

No, shared fault is just as bad because it counts as an accident for you.
that depends....
1. generally speaking, shared fault means no points against your license. thats a +
2. insurance companies vary on how they do that. mine for example does not ding you for 50/50 accedents... only if you are 51% or higher at fault.
3. many insuance companies have first accedent forgiveness (mine does for example) so even if you are at fault, your first one still doesnt go against your rates.
but all that supposes too much info that we dont really know to make a statement either way here on this one...

[CantStopTheHopp]

that depends....
1. generally speaking, shared fault means no points against your license. thats a +
2. insurance companies vary on how they do that. mine for example does not ding you for 50/50 accedents... only if you are 51% or higher at fault.
3. many insuance companies have first accedent forgiveness (mine does for example) so even if you are at fault, your first one still doesnt go against your rates.
but all that supposes too much info that we dont really know to make a statement either way here on this one...

Now matter what they decide I still lose because I'm gonna have to get a new car. Mine is a 1999 Toyota Camry with over 200,000 miles and now several thousand dollars worth of body damage. Not worth fixing. :(