got rearended - Camaro5 Chevy Camaro Forum / Camaro ZL1, SS and V6 Forums

Big Brunsy · 02-16-2011, 03:29 PM

So I was backing out of my parking spot (in my truck) at work the other day. I was completely out of my spot, sitting in the street perfectly in my lane shifting from reverse to drive when a girl in a grand am slid into me due to not being able to stop on the icy road. Only bent my bumper and hitch ($250 for me to fix myself) but did about $2500 damage to her car.

I called the police but they only did an exchange of names and didn't file a report. I have yet to hear back from Progressive (we both have them for insurance) on who they are going to say was at fault.

What say you, my fault for not seeing her and backing out into the street. Or her fault for driving too fast for conditions and sliding into my pickup?

MikeSVX · 02-16-2011, 03:38 PM

I believe standard law dictates it is her fault.

WadeWilson · 02-16-2011, 03:40 PM

Quote:

Originally Posted by MikeSVX

I believe standard law dictates it is her fault.

I would have to agree.

aet08 · 02-16-2011, 03:42 PM

I rear ended someone, but they were at fault, because the cut me off and stopped

montreal2010yellow · 02-16-2011, 03:43 PM

I beleive that backing into a street is incorrect....You just can't see the traffic coming in. I don't have all the details but it's my first reaction.

Tessa · 02-16-2011, 08:03 PM

If you had enough time to back fully into the street, shift into gear but hadn't moved forward -- then she had enough time to stop and it would be her fault. The roads may have been icy, but no insurance is going to wave fault b/c of that.
If she tells them you pulled out without looking when she was right there and she had to slam on her brakes and couldn't stop...well....you might be screwed.
It's all how each story plays out.

KEEP RT · 02-16-2011, 08:37 PM

You backed into on coming traffic. No matter how far away if they didn't have sufficient time to stop you entered traffic unsafely. Second thing is you were stopped in traffic. as long as there is another vehical on the road way that is considered traffic. Sorry this may not go well. but I doubt they will see it as 100 o/o your fault. I base this on past experience that some one backed out in front of me.

camarowa · 02-16-2011, 08:54 PM

Quote:

Originally Posted by KEEP RT

You backed into on coming traffic. No matter how far away if they didn't have sufficient time to stop you entered traffic unsafely. Second thing is you were stopped in traffic. as long as there is another vehical on the road way that is considered traffic. Sorry this may not go well. but I doubt they will see it as 100 o/o your fault. I base this on past experience that some one backed out in front of me.

I agree with the above post, IMHO most of the blame will be assigned to you.

Ivas · 02-16-2011, 09:49 PM

Brother, you should've never let the dudes make you bow down. It would've been better to forget the soap, and just rise off.

Big Brunsy · 02-17-2011, 01:29 PM

Quote:

Originally Posted by montreal2010yellow

I beleive that backing into a street is incorrect....You just can't see the traffic coming in. I don't have all the details but it's my first reaction.

Diagonal parking spot along street....no other way to get out of the spot.

robsls3 · 02-17-2011, 02:42 PM

Quote:

Originally Posted by MikeSVX

I believe standard law dictates it is her fault.

Yep. failing to avoid an accident

Scrappy Doo · 02-17-2011, 02:46 PM

Quote:

Originally Posted by Ivas

Brother, you should've never let the dudes make you bow down. It would've been better to forget the soap, and just rise off.

Ummm What?

Scrappy Doo · 02-17-2011, 02:48 PM

OP, When entering the raodway from a parked postion, it is your duty to make sure the road is clear before you pull onto that roadway.

She also has a duty to drive with due care, and at a speed reasonable for the weather conditions.

Since you both have Progressive, they may not assign fault at all, because they are paying out both sides no matter what.

Ivas · 02-17-2011, 09:54 PM

Fighting a rear end collision in small claims court is pretty tough. Whoever was moving forward has to do the most explaining.

View Poll Results: Whose fault was it?
My fault	6	15.79%
Her Fault	28	73.68%
no fault due to road conditions	4	10.53%
Voters: 38. You may not vote on this poll

02-16-2011, 03:29 PM	#1
Big Brunsy Drives: 2010 supercharged LS3 Join Date: Jan 2010 Location: Le Mars, Iowa Posts: 2,235 View My Garage	got rearended So I was backing out of my parking spot (in my truck) at work the other day. I was completely out of my spot, sitting in the street perfectly in my lane shifting from reverse to drive when a girl in a grand am slid into me due to not being able to stop on the icy road. Only bent my bumper and hitch ($250 for me to fix myself) but did about $2500 damage to her car. I called the police but they only did an exchange of names and didn't file a report. I have yet to hear back from Progressive (we both have them for insurance) on who they are going to say was at fault. What say you, my fault for not seeing her and backing out into the street. Or her fault for driving too fast for conditions and sliding into my pickup?

02-16-2011, 03:43 PM	#5
montreal2010yellow Drives: 2 LT/RS YELLOW, AUTO., VIN NO. 602 Join Date: May 2010 Location: LAVAL (10 min. north of Montreal), CANADA Posts: 3,526 View My Garage	I beleive that backing into a street is incorrect....You just can't see the traffic coming in. I don't have all the details but it's my first reaction. __________________ T2 Facia, ACS TL1 Hood, ACS Winglets. G5CR CAI. Hotchsic Strut Brace and more...

02-16-2011, 08:37 PM	#7
KEEP RT Wonderfully Awful Idea Drives: 2010 2SS/RS Join Date: Aug 2010 Location: Battle Ground, WA Posts: 1,456 View My Garage	You backed into on coming traffic. No matter how far away if they didn't have sufficient time to stop you entered traffic unsafely. Second thing is you were stopped in traffic. as long as there is another vehical on the road way that is considered traffic. Sorry this may not go well. but I doubt they will see it as 100 o/o your fault. I base this on past experience that some one backed out in front of me. __________________

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02-16-2011, 03:38 PM	#2
MikeSVX The magic smoke genie.... Drives: Jewels (2010 RJT 1SS) Join Date: Dec 2009 Location: Escondido, CA Posts: 2,294	I believe standard law dictates it is her fault.

02-16-2011, 03:42 PM	#4
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02-16-2011, 08:03 PM	#6
Tessa Mischief Managed Drives: 2SS/RS RJT with silver rallys Join Date: Aug 2009 Location: Southbound Posts: 8,179 View My Garage	If you had enough time to back fully into the street, shift into gear but hadn't moved forward -- then she had enough time to stop and it would be her fault. The roads may have been icy, but no insurance is going to wave fault b/c of that. If she tells them you pulled out without looking when she was right there and she had to slam on her brakes and couldn't stop...well....you might be screwed. It's all how each story plays out.

02-16-2011, 09:49 PM	#9
Ivas el Ruco Drives: 2010 Camaro SS (now runnin' TENS ) Join Date: Nov 2009 Location: Fontana, CA Posts: 7,388	Brother, you should've never let the dudes make you bow down. It would've been better to forget the soap, and just rise off.

02-17-2011, 02:48 PM	#13
Scrappy Doo Drives: Callaway Rogue Join Date: Jul 2009 Location: W8n 4 Snow, Minnesota Posts: 4,731	OP, When entering the raodway from a parked postion, it is your duty to make sure the road is clear before you pull onto that roadway. She also has a duty to drive with due care, and at a speed reasonable for the weather conditions. Since you both have Progressive, they may not assign fault at all, because they are paying out both sides no matter what.

02-17-2011, 09:54 PM	#14
Ivas el Ruco Drives: 2010 Camaro SS (now runnin' TENS ) Join Date: Nov 2009 Location: Fontana, CA Posts: 7,388	Fighting a rear end collision in small claims court is pretty tough. Whoever was moving forward has to do the most explaining.