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Who is at fault for liability purposes

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poohdup

Junior Member
What is the name of your state (only U.S. law)? NY

I was at a complete stop at a stop sign with a vehicle in front of me, also at a complete stop. Roughly about a car length or more between us. Vehicle in front of me puts her car into reverse, I see the white reverse lights, I lay on the horn LOUDLY. She continues to back into my bumper, some part of her license plate gouges a 2 inch slice in my bumper. I do not go into reverse I can not under the circumstances reasonably reverse(insurance adjuster asked me this ?) to avoid her hitting me, I do not have a clear view if anyone or anything is behind me to do so. The police report states unsafe reverse a # 3 in box 19 on the accident report. Yet the same report has a number 9 in box 21 in the accident report. Which is following too close. What is the determining feet distance one should have between vehicles for a complete stop at a stop sign. Driver of other vehicle (of course the only witness I have is my 11 y/0 son) said "oh my I put my car in reverse by accident" before the police come. Then says I don't know what happened when the police arrive. No damage at all to her car all done to mine. This is a $1000 deductible for collision if it is ruled against me and they say it was my fault. Again, no damage at all to her vehicle, just mine.
 


ecmst12

Senior Member
I have no idea why the officer would put that on the police report. She is 100% at fault.

You should never have a deductible that you can't afford to pay, should you need to.
 

poohdup

Junior Member
We can pay it, its just if it has to go under our collision portion and not the liability portion and we will have to foot the bill if the accident is not found as her fault. No witness except my kid, so according to the report it says I was too close, and she made unsafe reverse,yet we were both at complete stops for stop sign, I had a reasonable distance for a stop sign. So I was just wondering, I know she is at fault, but will the report assign some blame on me saying I was too close even though both cars were at complete stop and she reversed in traffic.

Can an adjuster tell by the lack of damage on her car and the damage done on my car as to who did what?
Again, it isn't the deductible, just what is right
 

Mass_Shyster

Senior Member
We can pay it, its just if it has to go under our collision portion and not the liability portion and we will have to foot the bill if the accident is not found as her fault. No witness except my kid, so according to the report it says I was too close, and she made unsafe reverse,yet we were both at complete stops for stop sign, I had a reasonable distance for a stop sign. So I was just wondering, I know she is at fault, but will the report assign some blame on me saying I was too close even though both cars were at complete stop and she reversed in traffic.

Can an adjuster tell by the lack of damage on her car and the damage done on my car as to who did what?
Again, it isn't the deductible, just what is right
Sometimes people get away with things. Like a hit and run. You can't prove to the satisfaction of the insurance company that it was her fault, so they won't pay. You could take her to small claims court, but you still don't have enough evidence to show that it was her fault.

Lots of people who rear end someone claim the other person backed into them. It's a case of he said/she said.

I suspect you can find another bumper that matches and have it put on for much less than $1000, saving yourself a premium increase.
 

ecmst12

Senior Member
I doubt they will try to assign more then maybe 10% of fault to you...it's pretty clear that the MOVING vehicle is majority at fault for hitting the stopped vehicle. Especially since she was moving in reverse.
 

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