Backed into my fender

[gthotmail]

What is the name of your state? New York

hi, last night I was driving my girlfriend home and on the way I stopped behind a SUV waiting for green light. Suddenly, he backed up really fast trying to allow the a big truck to exit of the gas station. He didn't stop until he backed into my fender. My headlights and hoods are all wrecked.

He said he did backed into me but he would tell police that I ran into his bender and I believe that what he told the police.

How do I fight this?
Did anybody have similar experiences?

Please help.

Thanks

 

[VeronicaLodge]

did the guy he was letting out happen to stop and give his information and a statement since he was a witness?

 

[gthotmail]

There was no other guys except the guy who backed into my fender.

 

[VeronicaLodge]

you said he backed up to let someone out of a gas station, where'd that guy go?

 

[Zigner]

There was no other guys except the guy who backed into my fender.

In your original post, you said: "...he backed up really fast trying to allow the a big truck to exit of the gas station.

So, the question is, did you get any information from the driver of the big truck exiting the gas station?

 

[gthotmail]

The trucker left before I could get out of my car

 

[ecmst12]

Your word vs his....tough call. Unless something in the physical evidence indicates one way or the other, then what will probably happen is BOTH insurance companies (yours and his) will deny the other's claim, and you'll both have to pay for your own damages.

 

[Zigner]

Your word vs his....tough call. Unless something in the physical evidence indicates one way or the other, then what will probably happen is BOTH insurance companies (yours and his) will deny the other's claim, and you'll both have to pay for your own damages.

Well, there is always small claims court.

 

[ecmst12]

If there's no physical evidence and no witnesses, the court is going to say the same thing, unless the judge finds one person or the other particularly non-credible. But the burden of proof is on the plaintiff - if he doesn't have some kind of proof, he's probably not going to win.

 

[Zigner]

If there's no physical evidence and no witnesses, the court is going to say the same thing, unless the judge finds one person or the other particularly non-credible. But the burden of proof is on the plaintiff - if he doesn't have some kind of proof, he's probably not going to win.

EC - look at it from the court's point of view:

Testimony from plaintiff that he was stopped and hit from behind.
Testimony from D that he was stopped and the plaintiff, in order to allow a phantom truck to exit the gas station, suddenly threw his car in reverse and slammed in to his vehicle.


Physical Evidence:
Damage to rear of plaintiff's vehicle.
Damage to front of D's vehicle.

 

[ecmst12]

The judge is allowed to give more weight to either driver's testimony if he wants. But strictly based on the two statements, I think a judge would be more likely to deny a suit from either party due to inability to determine which party is telling the truth.

 

[Zigner]

The judge is allowed to give more weight to either driver's testimony if he wants. But strictly based on the two statements, I think a judge would be more likely to deny a suit from either party due to inability to determine which party is telling the truth.

I understand where you're coming from

 

[gthotmail]

I guess I have no chance to win here?

 

[ecmst12]

Unless a mechanic can tell you that something about the damage indicates that he was the one in motion and you were stopped, kinda yeah.

 

[Hoe1979]

Sorry I’m new to posting here so please don’t hold that against me but I have done numerous accident investigations regarding vehicles in my line of work. There are a few questions I would look in to so you can have all the facts if it goes to court. What were the weather conditions? Snow would have sown fresh tracks in front of the SUV of the big truck exiting the gas station. Dry condition would show if the SUV spun when he backed up. I would look at where the other vehicle initially struck your vehicle. Then compare the bumper height of the same model and year vehicle at a dealership. If the SUV had reversed very quickly like you have described the rear would have rose up and stuck you higher on your vehicle. I would also spend the 10 dollars or so to get a police report. (Side note: take several fives each station charges different and most only accept correct change, or at lest here in Iowa) Look it over see what the officer believe to have happened. It should also have the other driver’s statement of the event on it.