Person backs into me, insurance says I'm at fault

[nikolai1]

Hi. I live in Massachusetts. I was driving down the street, and came to a complete stop behind a car that was stopped near a red light and had its right turn signal on. It turned out he was trying to parallel park, and after I came to a stop behind him he started to back up. I honked him, but he couldn't stop in time and backed into my front end.

I figured this would be 100% his fault, as my car was not moving the whole time (and after the accident he said "Guess I just didn't see you back there.") In his claim to insurance, though, he said that I stopped, then continued to move forward to try and pass, and thats when the collission occured. His insurance offered to pay 50% of the damages, but no more.

I really want to fight this, because I don't want to have to pay for damage that is not my fault. I'm planning to go to small claims court. Does anyone have any legal advice about this situation? Thanks.

 

[krispenstpeter]

And what did YOUR insurance say when you called them?

 

[nikolai1]

I don't have collission, so they said "sorry, can't help you."

 

[krispenstpeter]

then you need to find an attorney because you will be going up against the other motorist's insurance attorney and you WILL lose.

 

[nikolai1]

The total damage was set at $670...thus the difference between that is about $335--much less then I suspect would be swallowed up by a lawyer if I got one. If I'm going to fight it, I'm probably going to go it alone.

 

[stephenk]

have his insurance tell you in writing how they came up with 50% comparative liability. If they believe their insured, you would have been told you were 100% at fault. Let them tell you in writing how their insured is also at fault.

you can use that as your starting point when you decide to sue the other driver in small claims court.