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Two people rear ending each other

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CMJOHNSON

Junior Member
What is the name of your state (only U.S. law)? CALIFORNIA.
I WAS BACKING OUT OF A PARKING SPOT AT THE MALL AND SO WAS ANOTHER CAR AND WE REAR ENDED EACH OTHER. THEY HAVE A CAR AND I WAS DRIVING A BIG TRUCK SO OF COURSE THEIR CAR HAS MORE DAMAGE. OK, I HAVE NO INSURANCE ON ME BUT THE TRUCK BELONGS TO MY BROTHER AND IT IS INSURED. THE GIRL DRIVING WAS ONLY 16 AND HAD A PROVISIONAL LICENSE. I DIDN'T WANT IT TO MESS WITH HIS INSURANCE SO THINKING REALLY QUICK I ASKED IF WE COULD HANDLE THIS WITH OUT INSURANCE. I DON'T THINK SHE WANTED TO REPORT IT EITHER. I'M NOT SURE HOW LEGAL IT WAS FOR TO EVEN BE DRIVING. SHE SAID YES AND WE EXCHANGED INFORMATION. THEY GOT A QUOTE FOR ALMOST $5,000. MY COUSIN HAS A BODY SHOP AND SAID HE COULD DO IT FOR $2800. WHEN I CALLED THEM AND TOLD THEM THIS THEY SAID THEY WOULD CHECK IT OUT AND WERE BEING COOPERATIVE. I STARTED LOOKING INTO WHO WOULD BE AT FAULT AND THOUGHT I SHOULDN'T HAVE TO PAY THE WHOLE AMOUNT. THEY WEREN'T GOING TO HELP ME WITH MY TRUCK. BUT THEN THE NEXT NIGHT WHEN I TRIED CALL AND TALK TO THEM THEY SAID NO THAT THEY WANTED TO GO TO THE PLACE THAT IS $5000 AND WANT ME TO PAY THAT AMOUNT. THEY WANT ME TO JUST GIVE THEM THE MONEY. IF IT WAS BOTH OF OUR FAULTS SHOULD I HAVE TO PAY LIKE THIS. AND SHE WANTED IT IN THE SHOP BY TODAY. WITHOUT GOING TO COURT SHE CAN'T MAKE ME PAY THAT AMOUNT. IF WE DID GO TO COURT WHAT WOULD HAPPEN? THANK YOU.
 


FlyingRon

Senior Member
Generally if you were both backing you both were responsible for watching what you were doing. You're most likely each going to be responsible for your own vehicle and not for the others.
 

justalayman

Senior Member
and I think this has to be reported to the California DMV within 10 days of the accident or you are subject to a suspension of your license. Not sure about it because it is on private property but I think it does apply.
 
justalayman is right, in California, if there is bodily injury or damage more than $750 the accident has to be reported to the DMV within 10 days, even if the accident occured on private property.
It's legal for you to drive someone else's vehicle as long as you have a valid driver's license, and have their permission to drive his vehicle.
Your brother's insurance company should cover the accident provided that his policy allows for permissive drivers.
And, as Flying Ron said, an accident like this would most likely be determined to be 50/50.
Don't know what would happen if the other party decides to sue you in small claims court. In my experience working with DMV and auto insurance, these type of situations are always more complicated when the parties decide to not go through insurance.
Worst case, the small claims court judge decides you're more at fault, and orders you to pay the damages.
 
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ecmst12

Senior Member
But 50-50 is correct. Since AZ is a pure comparitive negligence state, if one car had more damage done then the other, the person with less damage could end up paying something out to the person with more damage.

Example: Car A has $1000 in damage, car B has 2000 in damage. 50% of car A's damage is $500, 50% of car B's damage is $1000. So Car A's insurance would have to pay the owner of Car B $500, half the damage offset by what driver B would owe driver A. It's a silly system, but that's the way pure states work.
 

FlyingRon

Senior Member
Yes with cont. negligence it would be 50-50, but even in such states unless you take the matter to court, most insurance companies will deny the cross claims out of the box and just pay off their own insured.
 

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