QuestionI was backing up out of a parking space in an apartment complex, when a guy came speeding through the complex, ran through a stop sign and hit me. The point of contact was my rear right bumper and he says the side driver door of his car.
At the time we did not call the police because he said he would pay for the damage of my car, primarily because he did not have a drivers license and he was illegal. However, I work for the complex where he lives, I got copies of all of his I.D., and insurance info (it's in his mother-in-laws name.Plus I have two witnesses to the accident, and video of him speeding and blowing the stop sign. My question is this; he has now said he will not pay and I have had to file the claim w/ the insurance company. Given all the factors pointing to this being his fault, will they still find me liable automatically since I was backing out?
AnswerLiability is always based on what can be proven. From what you've told me, the only thing that can be proven is that you were backing up. If the object struck were a kid speeding by on a Big Wheel, then there would be no question, right? When backing, you are liable nearly 100% of the time.
If the extent of the damage on the vehicles is excessive for parking lot speeds, then his company may accept partial liability and pay a portion of your damages.
Good luck.
