RaZoRaMoN

My wife had a minor fender bender last night and I'm not sure who is at fault. Here is the stroy: According to my wife she was backing out of a parking space and she saw a truck pulling into a parking space behind her. She let him in the space and when she saw the he was in the space she started to back out but he started to back out also to fix is parking. Apparently he had parked crooked. They were both backing up and hit each other half way between each parking space. My wife has a small dent on her GS300 on the bumper but from the pictures there was no real damage to the truck. However the guy was claiming that the bumper was pushed in. My wife said she didn't think so but wasn't sure.

My question is who is at fault in this situation since both cars are technically backing out at the same time. I told my wife it was both their faults but even I'm not to sure.

Does anyone know where I can find this information out? Thanks.

augdogg

Easy, both. Tell this to the insurance companies and they should say the same thing. Happened to me once. GL! Well meaning that you'll probably end up covering your own rides.

rgarjr

iTrader: (1)

Well clearly it was both of them faults because, why would you be backing out without looking back there.

rominl

iTrader: (4)

yes, insurance will get you 50/50, very likely. happened to my uncle

PhilipMSPT

iTrader: (5)

His insurance will take care of you.

Your insurance will take care of him.

Oh well...

flipside909

Looks like comparative negligence partial fault ruling. By how CA defines fault in this case, the person who impedes the right of way of a forward passing vehicle is at fault. In this instance, it's a version vs. version. Sheetmetal is way softer than a truck's bumper face bar. I call BS on the rear bumper of that truck being pushed in unless he has a bumper face bar made of tin foil which is unlikely.

RaZoRaMoN

thats for the replies, i figured it was both their faults, my wife was saying the guy was making it seem like it was hers. no point in getting insurance involved at this point.

RaZoRaMoN

Well I guess the guy is now changing his story saying that he wasn't backing out. He claims when he went into the spot he wasn't able to make it all the way in from the angle and so he was sticking out when my wife started to pull out and hit him. He apprently has a raised truck that was to big for the small spot. But my wife and her passenger claims the truck was in all the way and pulled back out to fix is parking because his truck was too big for the spot and he wouldn't have been able to get out. So I guess it's their word agaisnt his.

rominl

iTrader: (4)

just tell insurance your wife saw his backup light. that's the proof he was backing out