hit by backing car while going wrong direction

[legako]

What is the name of your state?Texas
My son's car was hit by a truck that was backing out of a slanted parking place at Wal-Mart. My son was found at fault because he was traveling the wrong way down that section of the parking lot. This doesn't seem right to me as the other driver still should not back up if it is not safe. Any ideas on what we can do?

 

[teflon_jones]

Who found your son at fault?

 

[legako]

The other drivers insurance.

 

[teflon_jones]

Of course they're going to find him at fault! Otherwise they'd have to pay the claim. Submit it through your own insurance and let them handle this.

 

[legako]

He doesn't have anything but liablity on his car and is afraid his rates will go up if they agree that it is his fault.

 

[teflon_jones]

You don't have to accept the other insurance companies declaration of fault. They will need to take you to court to collect on this, and the judge will determine if your son is liable for the damages. You'll have to file a case in small claims against the other driver to get your damages paid for.

Regardless of whether your son was going the wrong way or not, the other driver didn't exercise care while backing up and is at least partly at fault for this accident, if not 100% at fault.

 

[ablessin]

Your insurance should be notified of the accident anyways.

What if - and hopefully this won't happen - but what if he is in another accident involving the same area of the car - ie ,front bumper - or whatever - - your insurance won't have true documented damages and no one will know in the future how to adjust the claims correctly..... and IF this other accident is his fault it could look worse than it really is because the first accident damage was not corrected, or at least photographed.

My old insurance took photos of my van after an accident and told me flat out, if you don't fix this and you're ever in a front - end collision again, we will not cover any damages.

Safe to at least notify of them, but of course the other driver's insurance is going to say it's your son's fault! Why should they pay?????

 

[Burt Gummer]

You don't have to accept the other insurance companies declaration of fault. They will need to take you to court to collect on this, and the judge will determine if your son is liable for the damages. You'll have to file a case in small claims against the other driver to get your damages paid for.

Regardless of whether your son was going the wrong way or not, the other driver didn't exercise care while backing up and is at least partly at fault for this accident, if not 100% at fault.

If his son was going the wrong way, (which irks me to no end why people do that), would he not be able to better see a person backing out? When backing out, the other person would be looking back, not towards the other way.

 

[teflon_jones]

If his son was going the wrong way, (which irks me to no end why people do that), would he not be able to better see a person backing out? When backing out, the other person would be looking back, not towards the other way.

That makes no difference. The driver backing up has a responsibility to watch for any and all objects in their path, regardless of how they got there.

 

[legako]

Okay, I talked to my insurance and they have also started the claim process. They quoted Texas codes to me while on the phone about not backing up if it is not safe. They suggested that I file a complaint about the other company with the Texas Dept. of Insurance stating that they did not fully investigate the claim (as they never even looked at the cars or the site of the accident, estimated the damage, etc.) I did file that complaint today. It sounds like it may take a while but maybe things are looking better.

 

[Burt Gummer]

That makes no difference. The driver backing up has a responsibility to watch for any and all objects in their path, regardless of how they got there.

That is a plain shame too.
Regardless, I look both ways many times.
You never know when someone is going against the lines. I mean those yellow directional arrows are hard to make out.

 

[Burt Gummer]

Okay, I talked to my insurance and they have also started the claim process. They quoted Texas codes to me while on the phone about not backing up if it is not safe. They suggested that I file a complaint about the other company with the Texas Dept. of Insurance stating that they did not fully investigate the claim (as they never even looked at the cars or the site of the accident, estimated the damage, etc.) I did file that complaint today. It sounds like it may take a while but maybe things are looking better.

You of course busted his butt for going the wrong way yes?