Finding Me 50% at Fault for Fender Bender?

[itsmad]

About a week ago I was finished backing out of my parking spot, yes FINISHED, as in I was stopped, put my car in drive, and was about to pull forward to go left down the aisle. The guy parked directly behind my who was facing the opposite way decided to back out when I was still behind his car. His car being a chevy and mine a little prius, my bumper was destroyed, his car was totally fine. He admitted fault and apologized and said he wasn't going to call his insurance since there wasn't any damage. We exchanged info ( we both have Esurance) and I called. There were no cameras in the parking lot and unfortunately no witnesses I could grab. A week later I get a call from his side saying they are finding me 50% at fault for unsafe backing??? This makes no sense to me as 1.) I have a rear backup camera! & 2.) It wasn't like we met in the middle, I was taking up the entire lane and directly behind his car, so for him to run into me he obviously did not look in his mirror before punching the gas. I refuse to except this but I'm worried because I feel since we have the same insurance it makes it more difficult because either way our company has to pay. Also, when I got a call the same day to give details about the accident, I thought the guy I was speaking to was for my side, but since we have the same insurance, I found out it wasn't my agent but his! My person didn't even call me until 3 days later. If anyone has any advice on how to proceed, I am still waiting for my lady to call back since they still had to investigate for my side. I haven't been in an accident in 10 years and don't want some stupid fender bender on that wasn't my fault on my record. help!

 

[djs]

The 'meet in the middle' backing fender benders are usually rated as 50/50. Everyone claims the other guy was backing up and they were stopped. Just the way these work, 95% of the time.

The good and the bad.....
A 50% at fault accident means it isn't your fault for rating purposes. Basically, you won't get a rate increase for the accident. Thats the good part.

The bad part is you have to pay your deductible to get your car fixed.

Accept it or not, there probably isn't much of a way to change it unless you have some evidence to the contrary. The other driver basically told the same story you did, he backed up, stopped, you ran into him. Doesn't matter what he said to you at the time.

They are taking the easy way out.

Dan

 

[agentinsouth]

About a week ago I was finished backing out of my parking spot, yes FINISHED, as in I was stopped, put my car in drive, and was about to pull forward to go left down the aisle. The guy parked directly behind my who was facing the opposite way decided to back out when I was still behind his car. His car being a chevy and mine a little prius, my bumper was destroyed, his car was totally fine. He admitted fault and apologized and said he wasn't going to call his insurance since there wasn't any damage. We exchanged info ( we both have Esurance) and I called. There were no cameras in the parking lot and unfortunately no witnesses I could grab. A week later I get a call from his side saying they are finding me 50% at fault for unsafe backing??? This makes no sense to me as 1.) I have a rear backup camera! & 2.) It wasn't like we met in the middle, I was taking up the entire lane and directly behind his car, so for him to run into me he obviously did not look in his mirror before punching the gas. I refuse to except this but I'm worried because I feel since we have the same insurance it makes it more difficult because either way our company has to pay. Also, when I got a call the same day to give details about the accident, I thought the guy I was speaking to was for my side, but since we have the same insurance, I found out it wasn't my agent but his! My person didn't even call me until 3 days later. If anyone has any advice on how to proceed, I am still waiting for my lady to call back since they still had to investigate for my side. I haven't been in an accident in 10 years and don't want some stupid fender bender on that wasn't my fault on my record. help!

Luckily he had insurance.
Luckily he did not have a crappy carrier.

Unfortunate, you had the same carrier :(
This is very common in "backing outs" Also,
some sort of split is very common when you both have the same carrier.