Auto Insurance Claims: backing to gas pump, google searches, independent witness

Question
I was rear ended by a driver as I backed to a gas pump the driver was coming into the gas station from the road at a high rate of speed. He said I backed into him he also got one of the clerks at the store that was  inside at the time of the accident to say she was out side having a smoke and I was at fault. MY wife was in our car and we know we are not at fault. The officer involved said the person who hit us was an un licensed driver and for that reason under Kentucky Law would be deemed at fault. Is this true and where would I find this law or state regulation?

Answer
Hi Donald,

This is a dificult situation. Since the other driver has an independent witness, his story would likely be believed over yours. Your wife is not considered to be an independent witness since she is your wife and was in your car at the time. Many gas stations have video cameras. You may want to check to see if this station has an outside camera that would have recorded what happened. If so, request the station to provide you with a copy of the tape.  

As far as Kentucky law, you will have to do some google searches for Kentucky driving laws to try to find that information. However, it has been my experience that the drivers license status is not a determining factor when deciding who is at fault for an accident. It is based on who did something wrong that lead to the accidnet. This is called negligence. To be found at fault someone has to have commited a negligent act.

In most cases like this, liability will generally be determined to be 50/50.

I hope this helps
Richard Hixenbaugh