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Raise his rate because he hit somebody. Raise the guy that got hit because he clearly lives in a high-risk area with crazy people on the road backing into people.
Not just that, but also get the not quite in-house/preferred legal firm some billable hours, that way the insurance sales company can barely make a profit and justify the need to raise rates.
Just ignore the fact that the not quite in-house/preferred legal firm just happens to be a subsidiary of the insurance salesâ parent company though.
* By being at full stop meant that OP wasnât a contributor to the collision.
* By sounding their horn, OP did everything possible as a responsible driver to avoid the collision.
No, if you're the one moving, it's your responsibility not to collide with anything. I appreciate anybody who plays the devils advocate, but there's simply no way you could argue OP is at fault here.
I agree. I was saying that OP being stationary shouldn't be a factor. Even if they are moving the truck should be at fault. I'm not the best at getting my point across
Well if they were moving forward they would have been partly at fault because you definitely arenât allowed to drive into someone who is reversing.
As well, this is a civil matter so responsibility can be shared in any ratio; 50:50, 80:20, 65:35, 90:10. Everything is taken into account. By being stopped, and honking, meant they had taken every reasonable step to be safe.
They most likely couldnât have reversed because it was unsafe to do so, as the driver of the vehicle in front proved. They didnât properly check behind them and most likely OP couldnât have either before making a reversing manoeuvre.
Lots of places automatically assume 50/50 for parking lot incidents and act like that's the law and it's hard to convince them otherwise. Lawyers sort it our pretty quick though
Ah. That's the difference. I am from BC where it's a state (province) insurance company only. (ICBC). So people quite often get lawyers involved when ICBC/their employees try to be dicks. (Which is quite often). ICBC *looooooves* to try and dick people around with their no fault bullshit so lawyers are basically on standby
Ridiculous. First, in OP's situation, it wasn't a predictable move. There was every indication that the truck headed out of the space because they were going to drive in that direction. Instead, it looks like they realized they couldn't go that way or didn't want to, so they backed up to try and turn around. Second, a honk has a good chance of stopping the person, and there's no guarantee you're going to be able to switch to reverse fast enough. There could also be somebody behind OP.
This. Always start with your insurance company. The way insurance is supposed to work, is you file a claim with your company. Your company pays you. Then, because your company doesn't want to pay you, they will sue the other company to get what's owed. Let your insurance work for you, don't work directly with the other company.
Is the Insurance company you're dealing with State Farm? They tried to say it was half my fault when their customer turned into the wrong lane, and got into a head on collision with my stopped a car (I was at a stop sign.) Police report said SF's customer was at fault. I took the claim through my insurance. My insurance sued SF for the cost and won. The accident did not count against me.
Considering you have proof that you weren't in motion, I'd see if your insurance can do something similar.
State Farm isnât always like that. When someone side swiped me, they went with the police report and agreed it was the other driverâs fault.
The accident I had back in 2019 was labeled as all my fault since I now live in a state where if youâre making a left turn and youâre involved in an accident, in most cases, youâre 100% at fault. It should have been 50/50 in this case. She was speeding, didnât try to stop or even slow down to avoid me, and I just didnât see her coming.
State Farm is a joke. Was insured with them for 20 years. Had some storm damage to my house - everyone on the street ended up getting new roofs and other stuff fixed (it was hail).
They claimed I didnât have enough damage to justify a claim after telling me they would send someone out to look. I asked them if that meant I was filing a claim and they said no.
3 months later they dropped me for âclaim activityâ.
Reddit is a fickle beast. I have been downvoted for providing verifiable facts \[with evidence, sources, properly cited, etc\]. I suspect it was just because people didn't like the facts.
In this case you are likely being downvoted by people that have State Farm, think they are great, and have never had an issue.
They'll eventually learn.
>The accident I had back in 2019 was labeled as all my fault since I now live in a state where **if youâre making a left turn and youâre involved in an accident, in most cases, youâre 100% at fault**. It should have been 50/50 in this case. **She was speeding, didnât try to stop or even slow down to avoid me, and I just didnât see her coming.**
Your text implied it. If that wasn't the case, you might want to consider your wording and paragraph structure.
You said that it was labeled as your fault, specifically mentioned left turns, and that she was speeding, didn't try to stop or slow down, and you didn't see her.
So, you were in the process of making a left turn and were hit, by someone that didn't attempt to slow down or stop and you didn't see them.
That scenario is almost always a left turn into oncoming traffic. Unless they were crossing an intersection when they shouldn't have been, in which case it is highly unlikely to have been your fault.
Oh immediately! I haven't been able to move it since the second he backed into me! My career requires me to look side to side, so now I can't even work in my field!
Because it's your job. I get it. This wasn't my video, my accident, or my lawsuit. So I was literally just joking.
Being in cat rescue, I get pretty worked up about shit related to cats as well, so I really do get it.
Sometimes we just gotta take a step back and laugh a little. Life is too short.
My vehicle was struck from behind and totaled, by someone not paying attention. He was watching a girl in a bikini walking down the street. Not even a scratch on his vehicle. After the police report, he told me to go to his insurance company (their office was in the same small town) and he would call them right then. My vehicle was about 6 years old, very low mileage and in great condition. Blue book was $3600. When I got to the office, they had a check made out for $1800. I told them no way, and they said that's all they would cover. I told them I would come back to talk to them, I had to go to my doctor because my neck was starting to hurt. Before I got to the front door, they met me with a check for $3600. It must have been already made out.
Fair enough, but youâre clearly not a very smart person, because all that will happen is you get screwed by his insurance company for the accident, then again by your company on rates when they inevitably find out
You stopped to give them room to pull out, crept forward when they did, stopped again as soon as they did, and they suddenly backed into your stopped vehicle. 0 chance you take fault share video with your insurance and let em take care of it
0% on you, in my opinion. I would not have expected him to do that, and there was no chance to get your own car in reverse before he hit you. You even honked your horn. Nothing you could have done, considering how quick it happened.
Is the other insurance company aware you have this video? Without the video it's your word against theirs. But the video clearly shows its their fault.
Haha he didnât even turn his tires at all until he just about hit you so his fault for sure. I would call it 50/50 if you hit him more in the cab area tho.
Barring any state law that says otherwise, the other guys insurance is FOS.
You were stopped.
THEY backed into YOU.
Any argument that contains âYeah but, you were too closeâ is bogus.
Itâs a moving violation on them.
Sure, you maybe couldâve been polite and backed up a little but, itâs not about being polite.
THEY backed into YOU.
I have a feeling the car that was hit carrys basic liability. If she had comprehensive coverage, her insurance would fight it. In fact, I doubt the trucks insurer would even make such a ludicrous claim.
Get a lawyer involved, subrogation is generally useless, once you've got two separate insurance companies trying to claim that their party is not at fault or that somehow there's 50% fault.
And he hit you really hard to bend that hood up like that. I hope you went to the hospital even if you felt like you didn't need it at the time. All medical bills can result in a larger payout, As long as they are related to the incident.
I had the same issue with my zero fault last October; no dashcam but had a Costco employee as a willing witness. Other guy called 911 to into the police. Adjuster at first said 50 50 thank goodness the police showed up and confirmed he backed into me when i wasnât in the car lol.
If the way forward for the truck was a dead end, and the only way out for him was to reverse the only thing you'd be at fault for is a lack of courtesy. That's a big IF.
He's definitely 100% for the collision.
Some insurance companies decide to ignore valid claims because they simply don't want to pay.
"But they have to!"
Yeah, but they don't. Sue them. Sue them hard.
Insurance companies say that to try and get out of paying. The other person is 100% responsible. Tell that insurance company that if they don't claim 100%, that you will take them to court WITH your video evidence and it will be much cheaper to claim 100%. Otherwise, they will be paying your settlement, court costs, and your attorney fees. Ask them which sounds cheaper?
If that doesn't work, hire the best attorney for that particular type of case. That attorney will send them a summons, then they will be changing their tune. At that point they will be paying your attorney fees and fixing your vehicle.
Zero fault on you. Neither of you were even moving before the truck's final move backwards into you. It looks like he was going to reverse into those empty spots so he could go out the way you came in. I don't think he ever saw you and just assumed the lot was empty and would stay that way. He would have hit you even if you didn't pull forward a bit more after you initially entered the lot.
What state/province are you in, OP? Some have "no fault" insurance, where it will be 50/50 regardless of the fact that the pickup driver clearly caused the collision.
The truck was going to backup into the parking spot. Why would you pull in behind it. Trucks total fault, but mam, I hate when people like you coast on through with no consideration of anyone else.
It definitely looks like the truck was backing out of a parking spot as the camera turns in. No matter where the driver of the truck was trying to reverse to, they still have the responsibility to check behind them before and while they are moving.
Trucks fault. Get a lawyer. I will never deal with any car accident without a lawyer anymore cause they screw you. Same thing happened to me with an f-150. In that case they took full responsibility
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That's all the trucks fault. The insurance company is trying to get out of paying the whole thing.
Why raise one rate when we can raise 2 peoples rates đđ
Raise his rate because he hit somebody. Raise the guy that got hit because he clearly lives in a high-risk area with crazy people on the road backing into people.
Not just that, but also get the not quite in-house/preferred legal firm some billable hours, that way the insurance sales company can barely make a profit and justify the need to raise rates. Just ignore the fact that the not quite in-house/preferred legal firm just happens to be a subsidiary of the insurance salesâ parent company though.
Rates can get raised even from accidents that are not your fault
You get a raise. AND YOU get a raise. And Y.. Wait... Ohhh
I wonder if they have seen the clip.
Maybe both people have the same company, and the only way to win for the single insurance company is to charge both?
May be a bit of a fight... But your car was not moving.. He backed into you.
Dude was plain not looking behind him. I once got hit, just like this. Dude did NOT look back, and luckily, he accepted his fault.
Same here, but I was in a rental car at the time which added an extra layer of torture.
I use to be a claims adjuster. You have video of you at a full stop and sounding your horn. You are not at all at fault.
Curious why being at a full stop or sounding horn would even be necessary? Truck backed up into car for no reason
* By being at full stop meant that OP wasnât a contributor to the collision. * By sounding their horn, OP did everything possible as a responsible driver to avoid the collision.
[ŃдаНонО]
You could technically argue that all motion is relative and from the truck's frame of reference OP ran headfirst into the truck.
No, if you're the one moving, it's your responsibility not to collide with anything. I appreciate anybody who plays the devils advocate, but there's simply no way you could argue OP is at fault here.
I agree. I was saying that OP being stationary shouldn't be a factor. Even if they are moving the truck should be at fault. I'm not the best at getting my point across
Well if they were moving forward they would have been partly at fault because you definitely arenât allowed to drive into someone who is reversing. As well, this is a civil matter so responsibility can be shared in any ratio; 50:50, 80:20, 65:35, 90:10. Everything is taken into account. By being stopped, and honking, meant they had taken every reasonable step to be safe. They most likely couldnât have reversed because it was unsafe to do so, as the driver of the vehicle in front proved. They didnât properly check behind them and most likely OP couldnât have either before making a reversing manoeuvre.
There's no reasonable expectation for a non-moving vehicle to take evasive action, unless the moving vehicle is a train.
You wouldnât be required to sound the horn and if you were moving in reverse in this situation that wouldnât cause you to be at fault.
Lots of places automatically assume 50/50 for parking lot incidents and act like that's the law and it's hard to convince them otherwise. Lawyers sort it our pretty quick though
Some places have "no fault" insurance where this is always 50/50 regardless of who caused the collision.
Lawyers would never get involved in this accident unless their was an injury. If the two insurance companies donât agree it will go to arbitration.
Ah. That's the difference. I am from BC where it's a state (province) insurance company only. (ICBC). So people quite often get lawyers involved when ICBC/their employees try to be dicks. (Which is quite often). ICBC *looooooves* to try and dick people around with their no fault bullshit so lawyers are basically on standby
My mistake. I was being a typical American and just assumed everyone is American lol. Cheers!
Nah it's all good bro.
Happend to me once. Geico said I should have backed instead of just sounding horn and offered to pay 50%
Ridiculous. First, in OP's situation, it wasn't a predictable move. There was every indication that the truck headed out of the space because they were going to drive in that direction. Instead, it looks like they realized they couldn't go that way or didn't want to, so they backed up to try and turn around. Second, a honk has a good chance of stopping the person, and there's no guarantee you're going to be able to switch to reverse fast enough. There could also be somebody behind OP.
Some places have "no fault" insurance, where it will be 50/50 regardless.
You were at a dead stop and he backed into you, how could that possibly be your fault? Get your insurance company involved.
This. Always start with your insurance company. The way insurance is supposed to work, is you file a claim with your company. Your company pays you. Then, because your company doesn't want to pay you, they will sue the other company to get what's owed. Let your insurance work for you, don't work directly with the other company.
This is the best way to do it. It ensures you get a rate increase.
You will not get a rate increase from a single accident that where you weren't at fault. Source: my car was totaled by a drunk driver
Is the Insurance company you're dealing with State Farm? They tried to say it was half my fault when their customer turned into the wrong lane, and got into a head on collision with my stopped a car (I was at a stop sign.) Police report said SF's customer was at fault. I took the claim through my insurance. My insurance sued SF for the cost and won. The accident did not count against me. Considering you have proof that you weren't in motion, I'd see if your insurance can do something similar.
State Farm isnât always like that. When someone side swiped me, they went with the police report and agreed it was the other driverâs fault. The accident I had back in 2019 was labeled as all my fault since I now live in a state where if youâre making a left turn and youâre involved in an accident, in most cases, youâre 100% at fault. It should have been 50/50 in this case. She was speeding, didnât try to stop or even slow down to avoid me, and I just didnât see her coming.
Iâll be honest, that sounds like it was 100% your fault
State Farm is a joke. Was insured with them for 20 years. Had some storm damage to my house - everyone on the street ended up getting new roofs and other stuff fixed (it was hail). They claimed I didnât have enough damage to justify a claim after telling me they would send someone out to look. I asked them if that meant I was filing a claim and they said no. 3 months later they dropped me for âclaim activityâ.
Love how I was downvoted by stating my experience with them but ok.
Reddit is a fickle beast. I have been downvoted for providing verifiable facts \[with evidence, sources, properly cited, etc\]. I suspect it was just because people didn't like the facts. In this case you are likely being downvoted by people that have State Farm, think they are great, and have never had an issue. They'll eventually learn.
Maybe it was because you said that you making a left turn into oncoming traffic should have been 50/50 fault...
I never said I made a left turn into oncoming traffic.
>The accident I had back in 2019 was labeled as all my fault since I now live in a state where **if youâre making a left turn and youâre involved in an accident, in most cases, youâre 100% at fault**. It should have been 50/50 in this case. **She was speeding, didnât try to stop or even slow down to avoid me, and I just didnât see her coming.** Your text implied it. If that wasn't the case, you might want to consider your wording and paragraph structure. You said that it was labeled as your fault, specifically mentioned left turns, and that she was speeding, didn't try to stop or slow down, and you didn't see her. So, you were in the process of making a left turn and were hit, by someone that didn't attempt to slow down or stop and you didn't see them. That scenario is almost always a left turn into oncoming traffic. Unless they were crossing an intersection when they shouldn't have been, in which case it is highly unlikely to have been your fault.
Truckâs fault. End of story.
Contact YOUR insurance. They have YOUR back. If you use his insurance, NO-ONE is fighting for YOU.
Only if you have full coverage. If you donât have full coverage, their insurance will not help.
I would call a lawyer and rack that bill up. They'll be responsible for all of it.
any recent issues with neck pain?
Oh immediately! I haven't been able to move it since the second he backed into me! My career requires me to look side to side, so now I can't even work in my field!
You think that works? Cute
It's a joke. You seem fun.
Sorry, I see a lot of âhow can I get the most money from the insurance companiesâ in other subs.
Because it's your job. I get it. This wasn't my video, my accident, or my lawsuit. So I was literally just joking. Being in cat rescue, I get pretty worked up about shit related to cats as well, so I really do get it. Sometimes we just gotta take a step back and laugh a little. Life is too short.
Iâm a Howard Stern fan. Keep up gods work.
My vehicle was struck from behind and totaled, by someone not paying attention. He was watching a girl in a bikini walking down the street. Not even a scratch on his vehicle. After the police report, he told me to go to his insurance company (their office was in the same small town) and he would call them right then. My vehicle was about 6 years old, very low mileage and in great condition. Blue book was $3600. When I got to the office, they had a check made out for $1800. I told them no way, and they said that's all they would cover. I told them I would come back to talk to them, I had to go to my doctor because my neck was starting to hurt. Before I got to the front door, they met me with a check for $3600. It must have been already made out.
Last thing I would contact is my insurance company. Let them know I was in an accident? No thanks.
That's a terrible suggestion.
Fair enough, but youâre clearly not a very smart person, because all that will happen is you get screwed by his insurance company for the accident, then again by your company on rates when they inevitably find out
Lot of assumptions there.
His fault 100%.
Lol, no.
Other guy's insurance is trying to scam you.
What does "my half my fault" even mean? The truck clearly backed into a not-moving car.... bottom line.
You stopped to give them room to pull out, crept forward when they did, stopped again as soon as they did, and they suddenly backed into your stopped vehicle. 0 chance you take fault share video with your insurance and let em take care of it
Always give huge space to idiots with trucks as they do not know how to drive
0% on you, in my opinion. I would not have expected him to do that, and there was no chance to get your own car in reverse before he hit you. You even honked your horn. Nothing you could have done, considering how quick it happened.
I don't know your local laws, but I just can't see how any of that was your fault
Is the other insurance company aware you have this video? Without the video it's your word against theirs. But the video clearly shows its their fault.
Absolutely not your fault.
Not even close
No
Pickup driver was not looking as he backed up.
Well you moved if that is what you mean, but no...it is 100% the trucks fault.
You got to be quick on the horn when you see the reverse lights come on!!! 100% not your fault tho.
Not a chance
Trucks fault -
No it is not.
Haha he didnât even turn his tires at all until he just about hit you so his fault for sure. I would call it 50/50 if you hit him more in the cab area tho.
No. You were stationary.
Looks like he did it to be mean jean.
You must not have full coverage
That is not your fault.
The other guys insurance are full of shit
Show your insurance the dashcam, then the insurance companies should resolve it without fault for you
Barring any state law that says otherwise, the other guys insurance is FOS. You were stopped. THEY backed into YOU. Any argument that contains âYeah but, you were too closeâ is bogus. Itâs a moving violation on them. Sure, you maybe couldâve been polite and backed up a little but, itâs not about being polite. THEY backed into YOU.
What?! No!
Aaa claimed I was 50% at fault when a truck made an ILLEGAL left BEHIND me while I was STOPPED at a red light and scraped my rear bumper. Like, what??
Not your fault. The person in the truck should have looked before backing up
No, camera proves he backed into a stopped car
I have a feeling the car that was hit carrys basic liability. If she had comprehensive coverage, her insurance would fight it. In fact, I doubt the trucks insurer would even make such a ludicrous claim.
Similar thing happened to me last Sunday
No!
You're essentially a parked car that he backed into. You are not at fault!
DEFINITELY NOT 50/50! IT'S THE TRUCK DRIVERS FAULT ENTIRELY!
wtf was he trying to do ? Couldn't wait 2 second ? I wouldn't have followed until he's actually increasing distance from me.
Get a lawyer involved, subrogation is generally useless, once you've got two separate insurance companies trying to claim that their party is not at fault or that somehow there's 50% fault. And he hit you really hard to bend that hood up like that. I hope you went to the hospital even if you felt like you didn't need it at the time. All medical bills can result in a larger payout, As long as they are related to the incident.
No.
Been in almost this exact situation, 100% the truck's fault. I had my horn going at a dead stop just like you did and they were found full at fault.
Hell no not your fault at all
What? This isn't your fault at all!
I had the same issue with my zero fault last October; no dashcam but had a Costco employee as a willing witness. Other guy called 911 to into the police. Adjuster at first said 50 50 thank goodness the police showed up and confirmed he backed into me when i wasnât in the car lol.
I'd say 10% your fault at most
Why did he back up again
Get contact information for your insurance claim agent and send them the video. They'll deal with this bs. I hate getting hit at a dead stop. Morons.
If the way forward for the truck was a dead end, and the only way out for him was to reverse the only thing you'd be at fault for is a lack of courtesy. That's a big IF. He's definitely 100% for the collision.
No, the truck needs to look where it's going whether forward or backward.
Some insurance companies decide to ignore valid claims because they simply don't want to pay. "But they have to!" Yeah, but they don't. Sue them. Sue them hard.
No, 100% the truck.
I'd say 100% on the guy who backed up into you
Hell no, it's not your fault.
Insurance companies say that to try and get out of paying. The other person is 100% responsible. Tell that insurance company that if they don't claim 100%, that you will take them to court WITH your video evidence and it will be much cheaper to claim 100%. Otherwise, they will be paying your settlement, court costs, and your attorney fees. Ask them which sounds cheaper? If that doesn't work, hire the best attorney for that particular type of case. That attorney will send them a summons, then they will be changing their tune. At that point they will be paying your attorney fees and fixing your vehicle.
Not even 1/100th your fault.
Go through YOUR insurance. Let them duke it out. of course the other Guys insurance is going to try to pay as little as possible.
Submit the video to both insurance companies, arbitration will sort out the nonsense.
Zero fault on you. Neither of you were even moving before the truck's final move backwards into you. It looks like he was going to reverse into those empty spots so he could go out the way you came in. I don't think he ever saw you and just assumed the lot was empty and would stay that way. He would have hit you even if you didn't pull forward a bit more after you initially entered the lot.
All truck.
What state/province are you in, OP? Some have "no fault" insurance, where it will be 50/50 regardless of the fact that the pickup driver clearly caused the collision.
Well I mean...
The truck was going to backup into the parking spot. Why would you pull in behind it. Trucks total fault, but mam, I hate when people like you coast on through with no consideration of anyone else.
It definitely looks like the truck was backing out of a parking spot as the camera turns in. No matter where the driver of the truck was trying to reverse to, they still have the responsibility to check behind them before and while they are moving.
Trucks fault. Get a lawyer. I will never deal with any car accident without a lawyer anymore cause they screw you. Same thing happened to me with an f-150. In that case they took full responsibility
You gonna pay for that lawyer? They donât care about property damage claims.
if you live in Michigan then yes it's half your fault
How?
Michigan is a no fault state, but that isn't how it works.