QuestionI was just in a fender bender. I pulled out of my parking space and was
correcting my wheel to be completely out of parking space and ready to drive
away the vehicle behind me was not moving when I pulled out of my space.
As I proceeded to turn my vehicle all the way out of parking space the car
behind me decided to back up with out looking to see if there was someone
behind them. They hit my truck below the tail light on the passengers side.
There care had damage below the drivers tail light and a little bit over
towards the middle of the bumper but on to the mid point. They are claiming
I was at fault. I filed a claim and Im waiting to have pictures of my damages
brought in to the insurance office. I have a tiny little ding on my bumper.
I would think if I was at fault they would have been further out of the parking
spot and I would have hit them causing damage on the drivers side near the
passengers door. How is an adjuster going to determine who is at fault. If
unsettled and both parties are to blame then I will have to pay half of my
$500 deductible for something I did not cause.
Im I correct in my believe that depending on where the damage is on both
vehicles that it shows they were the cause of the accident?
AnswerThis is what they call "disputed facts". Only in rare circumstances (like when the facts are not disputed) will damages reveal information about liability. It is a myth that damages can tell who was at fault.
Negligence laws are different in each State. If the adjuster determines this to be a 50/50 loss then most of the time, you will simply have to use your own insurance to repair the damages, and pay your full deductible. Then maybe you'll get part of it back in the subrogation process if your insurance company has a great subro department and if the negligence laws in your state allow for the recovery of 50%.
I hope this helps.
