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who is at fault?

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J

jdmpoppy

Guest
What is the name of your state?
California

1) I had pulled into a public parking spot in front of my place; I was starting to back out again, in order to straighten my vehicle in the spot. 2) before I did this, I looked and, though visibility was somewhat obscurred by other parked vehicles next to me, I could see that there was no one coming down the street. 3) as I slowly pulled out of the spot and stopped about 3 feet into the road, to shift back into drive and pull into the spot again, I heard screeching (but no honking of a horn...) and saw a car suddenly appear, still passing behind me (as there was still room to). 4) as he screeched behind me, he swerved (probably unnecessarily) to avoid hitting me, and he did NOT hit me; but he slightly scraped the bumper of my neighbor's parked vehicle on the opposite side of the street. 5) The driver sustained a dent in his fender from the bumper he scraped. There are no injuries, and he claims to have been only going 15 mph, but he claims the accident is my fault. 6) I do not feel that I am at fault at all, also I do not agree with his assessment of his speed; I feel he was speeding- if he really was doing only 15 mph, he surely would have had time to stop his car without a screech, collision, OR the skid marks he left in the street. 7) I believe my insurance company will agree with me, as there is no contact bewtween our 2 vehicles; the neighbor will apparently not go after the driver, he does not care about the scratch on his bumper. 7) As there is no contact between our 2 vehicles, and as my neighbor is not likely to follow up on this, who is at fault and who should bear the costs for his dented fender to be fixed? notably - we did exchange insurance numbers, etc... but I think he will be let down if he thinks he can collect from mine... what, if anything, should I do? (damage to his fender is minimal; likely not going to cost more than a few hundred dollars...).
 


CdwJava

Senior Member
Wait to see if he makes a claim to your insurance company - that's about all you CAN do. I can see an argument for either one of you to be at fault. Whether the insurance companies will see it that way depends on greater detail than we have to go on.

- Carl
 

teflon_jones

Senior Member
What you should do is let him contact your insurance company. They'll then work it out with his insurance company. You don't need to do anything.
 

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