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bouncier

Parking Lot Collision - horn honk would have avoided

11 posts in this topic

In my vehicle, a 2007 F150 with a tool box mounted, after checking my mirrors and over my shoulder, I began backing out.  Just as I was about to stop and drive forward, I hear a crunch.  Completely puzzled by this as I had not seen anyone or anything, I get out to see what had happened.  There was a smaller vehicle sitting right behind me.  When he got out the first thing he said was that I saw you and you just kept coming and coming.  Not being a reportable accident, we exchanged information and left.  Before the day was done, he had reported this accident to my insurance company.  They asked me what happened and I told them.  Without any more questions, my insurer deemed I was guilty. 

 

The other driver's grandson had apparently videotaped the incident and his insurance had two copies of the video, a long and a short version.  First question is, who does this?  The video showed him moving first but that is all I saw.  The next time I went to view the video, it had expired.  My insurer said their's had also expired and that was the end.  I contacted the other driver's insurer requesting a copy of the longer version of the video.  He became extremely defensive and said I was 100% guilty and his client did absolutely nothing.  Exactly my problem - the other driver sat there without making any attempt to honk his horn to warn of possible impact.  He just sat there.  I have been driving for a long time and know without question, that the use of my horn has saved numerous accidents, even if I was not directly involved. 

 

The horn is in the automobile for this very reason, to warn of danger.  Everything I can find about horns in autos and their use is for this very situation.

 

So why did I get assigned 100% liability, when if the other driver had tapped his horn once or twice, I would have immediately stopped?

 

And am I not entitled to a copy of their evidence?  I cannot get a copy on my own because the person taking the video is no longer at the business where this happened.  This makes absolutely no sense to me and seems entirely unfair.

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It could be that the other driver didn't have time to honk his horn.  You don't identify what state you're in, but most states have laws that prohibit a person from backing out unless it can be done safely and without interfering with other traffic.  It sounds like a low speed impact--how much is the other driver seeking from you? 

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Hi, I live in Utah.  The speed was barely a crawl.  I had checked as always before backing out.  It was a parking lot with little to no activity.  The fact that we were barely moving, the fact that he said he saw me" coming and coming" leads me to believe he had time to honk his horn.  My insurance premium has doubled.  And they have already paid his vehicle damage.  Interesting is that when we were checking for damage, the other driver started on the driver's side front.  We walked all the way around and ready to conclude no damage, he says "Oh look, there it is."  Seems very strange to me that his grandson just happens to video him leaving a parking space, that he did not now where the damage would have been, and that he would not honk his horn.  I accept when I am wrong, but this just seems too weird.

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The fact is it is not the other driver's responsibility to make sure you don't run into him. He could have honked, but that isn't required. It is still your responsibility to know what is around you and stop before hitting another vehicle. The other guy didn't know you weren't going to stop. He could see you coming toward him but could very well have figured you were paying attention and would have stopped before actually hitting his car. There are any number of reasons the grandson could have been filming but ultimately, it really doesn't change the fact that you had a duty to stop before running into their vehicle. They do not have to turn over video to you at all. I'm not sure what you expect it to show anyway. You were on the scene.

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3 hours ago, bouncier said:

Not being a reportable accident, we exchanged information and left.

 

What does "not being a reportable accident" mean?

 

 

3 hours ago, bouncier said:

Without any more questions, my insurer deemed I was guilty.

 

"Guilty" is a term typically associated with criminal matters, which this isn't.  I assume what actually happened is that your insurer determined that it should pay the other driver's claim because you were legally liable for the damage to the other driver's car.  Correct?

 

 

3 hours ago, bouncier said:

First question is, who does this?

 

You told us that the other driver's grandson did it.

 

 

3 hours ago, bouncier said:

So why did I get assigned 100% liability, when if the other driver had tapped his horn once or twice, I would have immediately stopped?

 

Because you backed into another car.  That's never not going to be the case.  That you might have stopped had the other driver honked doesn't change that.

 

 

3 hours ago, bouncier said:

And am I not entitled to a copy of their evidence?

 

Yes, you are not so entitled.

 

 

3 hours ago, bouncier said:

This makes absolutely no sense to me and seems entirely unfair.

 

I hope our explanations help with your understanding.  One additional thing you should be aware of:  the standard auto liability policy gives the insurer sole and exclusive authority to settle any claims.  With minor damage claims like this, insurers aren't going to spend a lot of time or effort scrutinizing the claim.

 

As far as "fairness," you're obviously free to complain to the supervisor of the claims adjuster at your insurer and/or make a claim with your state's department of insurance.  However, I don't see either of those things doing you any good.

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2 hours ago, Curtis said:

What if my car isn't insured

 

You mentioned in your original post that you have an insurer, so I guess this means that you only had liability coverage and did not carry collision coverage.  If that's the case, then you'll have to pay out of pocket to repair any damage to your own vehicle.

 

 

2 hours ago, Curtis said:

What if . . . he has no license and is not on the insurance policy .

 

If the driver of the other car was driving without a license, then he is subject to being cited for that.  Not really your concern though.  I'm not really sure what you mean when you say that he "is not on the insurance policy."  Maybe he can add driving without insurance to his list of infractions/crimes, but again, it's not really your concern.

 

By the way, did you report the accident to the DMV?  I'm not sure if it's required in Utah, but you should look into it.

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23 hours ago, Curtis said:

What if my car isn't insured and he has no license and is not on the insurance policy .

California 

 

What does this have to do with the original post?

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