Insurance question? Claim maybe

efgoofy · 01-09-2006, 10:44 PM

Ok, heres the story, the wife was backing down the drive into the street, no cars coming, good, moved out, turned to face direction to head off, while still in reverse and stationary, stupid women comes flying around corner doesnt look and hits the rear bumper adn tow bar, luckily no damage to our car, but she has broken indicator and headlight. Question? Who would be at fault and if they claim are we responsible, I say no cause she hit the back of us. Any Ideas?

**GasoLane** · 01-09-2006, 10:55 PM

Technically I'd say the other driver was at fault. She is after all supposed to look where she's going and drive fast (slow?) enough to stop.

I'd call your local Highway Patrol office and ask them.

Jeeepers · 01-09-2006, 10:59 PM

As long as you were stationary, I would say you're all clear. If you were still reversing, it would be a case of reversing into oncoming traffic. At least that's how I see it.

BAFalconXT · 01-09-2006, 11:21 PM

I doesnt really matter what she was doing, if you hit someone in the rear it is 100% your fault according to insurance.

Focussed · 02-09-2006, 12:19 AM

I'm an insurance broker. your car was stationary. she is at fault for hitting you in the rear. if you are insured, your insurer should step into your shoes & fight any claim made by her or her insurer.

efgoofy · 02-09-2006, 04:15 PM

Quote:

Originally Posted by Focussed

I'm an insurance broker. your car was stationary. she is at fault for hitting you in the rear. if you are insured, your insurer should step into your shoes & fight any claim made by her or her insurer.

What would happen if we were still the motion of moving backwards just about stationary but not quite?

Focussed · 02-09-2006, 05:17 PM

you could get pinged for reversing into oncoming traffic, failing to give way, etc.
go with the "we stationary line". in my experience, 99% of the time, someone hits you in the rear, they are at fault.
good luck!

LTDHO · 02-09-2006, 06:30 PM

Quote:

Originally Posted by BAFalconXT

I doesnt really matter what she was doing, if you hit someone in the rear it is 100% your fault according to insurance.

Ummm, no.

If your wife still had her car in reverse the she is liable.

leanne350z · 02-09-2006, 08:48 PM

Unfortunately, and going from past experience, you will probably lose. It will be your word against hers (unless of course you can have any witnesses to say that you were in fact stationary and not in reverse gear (very important).
If no witness then more than likely the adjudicator will make the assumption that you were backing out of the drive and rule in favour of the other party. Unless of course the statements made from the other driver are 'suspicious' or they have a really bad driving record and your's is squeeky clean.
It will be close but slightly in the other favour at this stage. Tell the truth as much as possible in the statements and diagrams that you will have to submit to your insurer (without sinking your own boat) and it should sort itself out.
Good luck
Cheers

XR8putts · 02-09-2006, 11:19 PM

If the car was still moving backwards than yes it is your wife's fault.

Is you driveway near an intersection or junction?, because if it isn't, ie a normal house on a straight road, then good luck with that, then it would sound like it was a case of reversing into traffic, it shouldn't matter if the other party was doing 200kp/h, the other party had right-of-way and can not be done for failing to stop (thats what its refered to as in NZ), because it sounds like your wife's car was still moving backwards.

When I was 15, I had only had my first car for 2 weeks (R32 GTST), a truck ran a give way and T-bonned me, writing off my car. I called the cops immediately and the truck driver and his mate in the passengers side accused me of speeding, at this stage a "witness" who happended to be a friend of thet ruck driver appeared from nowhere and said I was speeding, all whilst infront of the cop. I went ****ing mental and told the ****wit it didn;'t matter if I was speeding (which I wasn't), you ran a give way, you hit me, simple as that. Cop backed me up, and boy did they shut up.

Because they tried to screw me, I screwed them; got all sorts of receipts and valuations and got paid out $3k more than I paid for the car 2 weeks previous. And I wasn't done, I then informed them that I had paid $1029 in full cover insurance when I bought the car 2 weeks ago, this money is lost when a car is written off. I told the truck driver and his company to pay up as I'd effectively paid $1029 for 2 weeks of insurance (not easy for a 15yo in school and working part time) due to his inabillity to follow simple road rules, either pay up or i'll see you in court. They laughed.

I paid a lawyer $120 to write a scary letter, and hey presto a cheque in the mail for $1029 on top of the Skyline's initial value and the $3k bonus.

GCFordChic · 02-09-2006, 11:33 PM

Just be completely clear if you make a claim.
Write it down, word for word, how you want to say it and how you want it to come across and then read it to someone else to make sure it sounds how you want it to.
Make sure you tell them EVERY detail, even if they are trying to get you to hurry up or move to the next question.
It was the most minute details that have helped us in our claims. Apparently, if we hadnt made sure they were aware of the small things, we would ahve been responsible.

Focussed · 03-09-2006, 10:21 AM

with your word against hers & no witnesses it would be very hard to prove that your car was in reverse. therefor she hit you in the rear.
however if it is determined that you were reversing & you told your company that you weren't, then you could be in trouble & your claim knocked back, lodging a fraudulent claim, etc.
its a tricky one. good luck!