QuestionQUESTION: I was behind a vehicle that was stopped in the lane of a parking lot. I stopped 1-2 car lengths behind and waited. I assumed the person was waiting for someone to pull out of a space he was waiting for, or possibly dropping off someone to the athletic field to the right side. after waiting about a min or two the person put his back up lights on, I put my car in reverse and looked over my right shoulder to make sure my blind spot was clear and as I turned back to the front he was right on top of me and I honked and he hit me. he is claiming to the insurance that he was backing up and I hit him. My 13 yr old son was the only witnesss. Is there a general "rule" that the person backing up is responsibe. the insurance is saying they are going to make it 50/50 responsibility. this infuriates me since he was at fault totally and really negligent considering he could have hit a child. advise?
ANSWER: You are right about the liability, in my opinion. Also, you make a great point that I have heard attorneys make regarding the duty to be safe when backing an automobile. One who is backing is generally thought to owe a greater duty to be safe due to decreased visibility and maneuverability.
The general "rule" is logic. Your situation is a common one. Here is the long and short of it. . .
If you don't demand what is rightfully yours, you are not likely to get it. Think about it this way. If a friend of yours who lives 100 miles away from you owes you $2.00, then is it really worth it for you to drive out to them and collect your money, right? Most people would agree that it is not worth it (especially considering recent gas prices). If that friend were an insurance company, they might intentionally refuse to mail you your $2.00 because they know it is not worth it for you to show up at their house, and they have $2.00 from a lot of other people piled up collecting interest so they want to keep their stash as big as possible. The insurance company knows they owe, but they don't think you have what it takes to get your money.
JP
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QUESTION: What does it take to make it right, I will drive 100 miles to get my $2.
AnswerLori, sorry for the delay. I like your spirit. Utilize the Small Claims court system to put pressure on the other party. Check out our site for free tips on how to utilize small claims court. Normally, judges and juries see things in a logical manner and can see right through a liar. The credible threat of a trial will normally prompt an insurance company to make a fair offer. You can't sue the insurance company, but you can sue the person that hit you and then their insurance company is obligated to provide them with a defense, which (unless the company has staff attorneys) will cost at least $700.00. Even if there is a staff attorney, their time in answering the suit will have to be spent. Anyway, research small claims courts.
JP
