• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

rear ended while backing from a parking lot

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

niyo

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

I was backing out, from a parking lot. Took all the precautions like looking at the rear view mirrors and over my shoulder to check for safe conditions/ any other vehicles. Since i dint find any other vehicle, i started backing. I was 1/3 out of the parking lot, and i could sense a bang on my vehicle's back bumper. The SUV behind me, which i guess came from an intersection behind, just banged into my car and ripped the bumper. The damages are quite high (worth around $800). We exchanged info and left. Since i dint have my phone with me, i could not take pictures at the time of the accident or call the police. No police report was filed. I informed both the insurance companies. Now, his ins. co says "We decline payment of your entire claim because of an unsafe backing with California vehicle code 22106". Also, i will have to pay for the damages because, this amount is within the deductible.
I had taken enough measures to look for possible hazards and then started backing. Who is at fault? Do I at least have any chance of arguing that the other driver was at fault and can i claim for the damages caused by him to my car. His vehicle wasn't damaged at all.

Do i have strong points to defend myself in this case?

thanx in advance
 


You Are Guilty

Senior Member
I had taken enough measures to look for possible hazards and then started backing.
If this was true, then how did the two cars collide?
Who is at fault?
That would likely be you.
Do I at least have any chance of arguing that the other driver was at fault and can i claim for the damages caused by him to my car. His vehicle wasn't damaged at all.
A chance? Sure, stranger things have happened. It's not a particularly good chance, but it's more than 0%.
Do i have strong points to defend myself in this case?
Not in my opinion.
thanx in advance
You are subsequently welcome. Good luck.
 

niyo

Junior Member
reply

If this was true, then how did the two cars collide?

When i started backing, there was none behind. Possibly he came from the intersection. And, should not he keep an eye on the other vehicles while he is in parking lot? there are laws requiring driver's to maintain a distance between cars that will allow them to stop safely. If the driver behind me was not able to stop safely to avoid an accident, by definition that means he was disobeying this law.Isn't it?
 

Zigner

Senior Member, Non-Attorney
If the driver behind me was not able to stop safely to avoid an accident, by definition that means he was disobeying this law.Isn't it?
Generally, yes. But, by the same token, if you are backing and collide with another vehicle, you are, generally, at fault (by definition).
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top