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Who's insurance should have to pay? I backed out of a driveway and another car hit me.?
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Who's insurance should have to pay? I backed out of a driveway and another car hit me.?

I was backing out of a driveway, looked both directions and no one was coming, continued to back out and then was hit by another car. Her damage is on the front of the vehicle. She did not try to avoid to hit me and there are no skid marks and she was talking on her phone. I think she was speeding way to fast on this 30mph street and also with her talking on her phone was not paying attention. I did not get a ticket but the police officer did say I was at fault? So if someone is going 50 mph, and talking on the phone, hits me, it's my fault?


    




Alan S.
Rating
Rules of the Road

Unfortunately, you were at fault. You failed to yield to oncoming traffic with “right of way”. Understanding that you did not see the other car. That’s why it’s called an accident. Your insurance will likely pay for the damages.

Although the other driver may have been speeding and distracted, it would appear they had the right of way.

Remember, Whenever entering the flow of moving traffic on a street, a highway or any other public road. It is our responsibility to ensure that the way is clear and safe to do so. The vehicles already on the road and in the flow of traffic, have the right of way. Any vehicles desiring to enter the lane or move onto the road must yield to those drivers already on the road. It’s just basic right of way.

Best of Luck


jv
You backed out onto the street. It is your responsibility to make sure it was safe.It is your fault.


Jan Luv
Rating
you were backing, you are at fault
failure to properly control a motor vehicle


JosephH
Rating
you backed into oncoming traffic unfortunately thats the way it works. an officer isnt always there to see what happens so they go with whats logical and unless there is 400 miles of black marks to prove the other guy was going way to fast the appearance is u backed into a busy roadway.


Entidtil
Yes, it is your fault. (unsafe backing) Even if the other person was cited for speeding and/or taking on a phone, you would still be at fault.


Mushu
"So if someone is going 50 mph, and talking on the phone, hits me, it's my fault?"

Yes.

Your insurance pays.





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