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Who's at fault when my car was hit as I was backing out?
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Who's at fault when my car was hit as I was backing out?

I was backing out when my car was hit - the other car was driving left to right and was damaged on the driver side front (headlight). I think the other driver should have seen my car. I have 2 reasons to believe the other guy was at fault:
a) he was driving on the wrong side (meaning to the left side of the drive way..when there was enough space to drive on the right)
b) he was driving fast (another witness near-by said so)

In this case, who's at fault? If it is not mine, how should I prove it?
Additional Details
I was backing out when my car was hit - the other car was driving left to right and was damaged on the driver side front (headlight). I think the other driver should have seen my car. I have 2 reasons to believe the other guy was at fault:
a) he was driving on the wrong side (meaning to the left side of the drive way..when there was enough space to drive on the right)
b) he was driving fast (another witness near-by said so)

In this case, who's at fault? If it is not mine, how should I prove it?

I did call the police.. they did not come as it was in company parking lot.

I was backing out to go to my right (meaning I had to back out on the far side of the dirve-way).


    




stephanie b
if he was on the wrong side it is his....... but back out more careful next time there are idoits on the road


fighting saints
Rating
You will the majority of fault for this one. From your description I assume this occurred on private property in a parking lot.

It does not matter if he was on the wrong side. As the backing vehicle you automatically lose right of way to ANY cars on the aisle, regardless of what side they are on.

Proving speeding is very difficult to do even with a witness.


babidollishere
Rating
You were backing up....you don't have the right of way.


Tyler V
its your fault. this exact same thing happend to me and there is no way of proving them wrong. sry


BRX0102
Rating
Unfortunately your fault. My mother had this experience years back, and no matter how many points against the guy we were still at fault.


piedmontliving
Rating
Your fault - the other driver had the right of way, just like if you were merging into traffic. Sorry!


a_mom
Rating
Usually if you are backing out it is your responsibility to make absolute sure there are no cars that you may hit. It's like if you rear end a car it's usually your fault. You may be able to contend that it is not your fault based on the fact that he was on the wrong side. If a witness is willing to testify for you then I would at least try to fight it. Did you call the police? (Hopefully you did and a report was filed). If a report was filed did the police assign fault? I would talk to my insurance company just to get an idea of what they think or what you could do. My insurance agent has always given me instructions on what to do after both of my accidents. (Neither one my fault). Good luck.


UCANTCME
Rating
THIS IS YOUR FAULT BECAUSE YOU WERE BACKING OUT AND EVEN IF THE OTHER PERSON WAS DRIVING FAST IT WILL STILL BE YOUR FAULT NO MATTER WHAT ANYONE IS TELLING.


Just Me
It's all yours.


curious guy
its hard to determine, right hand drive or left hand drive? you are backing out from what side?


Rosei j
.

to get your doubts cleared and to more relavent car was backing information visit the web site...





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