J250

iTrader: (13)

Ok, so some of you guys might remember that I rear ended a pick up truck 2 weeks ago.. Well my car is back and lexus sticked every aftermarket parts back on for me which was awsome...

Anyways, so i got my car back last friday and the day after that.. my car got HIT AGAIN!!!...

Whos fault do you think it is?

So I was parking in a parking space and I was not fully parked in yet because my car was slanted. I shifted to Reverse to let people see that my rear light is on. It is a ONE WAY street parking so cars behind me are going from left to right of me. So i see this white civic drove by me and than a camry behind the civic stopped for me to let me repark my car. I took the chance and reversed looking all ways from my shoulder. Than suddenly when my car was half way out, I saw the white civic reversing very fast and hit me right behind the rear rims (RIGHT Rear fender/ Side rear bumper). Her damage was in the center of the rear bumper which clearly showed she hit me..

So tell me, whos fault do you think it is? Let me remind you, it is a ONE WAY and she reversed and my car was sticking out a little already when she passed me..


By the way, this damaged ended up to be a $2000 repair which adds on to my first accident of $10,000 repair. Guess i'm not selling this car anymore..

kuuqi

okay i'm having a little trouble understanding what you're saying but here's what i got:

you were attempting to parallel park on a one way street (or parking in a side lot?). either way someone stops to let you park and while you were attempting to fix yourself, a white civic that had passed you earlier reversed into your car. if that's the case it's the civic's fault on the account that:

1) you were attempting to park in a limited space on a one way where not enough space is available for others to pass while you park. you being there first and already parking gives you the right of away since you're in the process of parking.

2) being a one way street, the civic should not have been reversing. the driver should instead have gone around and re-entered the street from the other side if he or she needs to be at the other end of the one way street.

3) even if it were a two way street and the civic was reversing, it's his or her responsibility to check that he or she has enough space to make it through WITHOUT hitting anything. the fact that the driver hit you makes he or she liable.

4) reversing should not require excessive speeds and as you said the driver was reversing quickly, this could be considered a number of things whether "speeding" or "wreckless driving" or any other cognitations it might have.

of course any of these may or may not apply simply due to state laws and what not but whether or not they do, it's the civic's fault Hope she has some good insurance. And oh, don't settle for less if the insurance companies try to talk you into it, take every penny you can And try to take it to a body shop YOU want, not what the insurance says you have to. I'm assuming you'll end up going back to Lexus but from my experience, I don't like shops that I don't choose. Just a knack as I prefer quality work (Which I'm sure everyone else here prefers it too )

good luck!

nabbun

it's pretty much her fault. no reversing in a one way street. she failed to follow street signs. ain't that a ticket where u live?

OH-MAN

iTrader: (1)

The police decide and give the ticket to the offender they feel was at fault.
I assume you did not report it to the police and get a report.
Then it is your word and the other persons word as to which was at fault.

Scythe

sounds alot like it was her fault, she passed you, and then backed up on a one way road?? if she hit you while she was going forward and u were backing up, it'd be questionable, but there should be no reason for her to have been backing up, and its illegal to do so on a one way.. and if she was backing up she should have seen you..
is this a biased story? what was her reason for backing up on a one way road?

J250

iTrader: (13)

Thanks for the replies,
I totally agree with all of you and your reasons were exactly what I thought.. However, stupid Canadian BC law, the insurance company said they will try to fight for me but i'm most likely to be 100% at fault. They said no matter what she has the right of way because she is on the One way street while I was in the stall. which I thought was a total BS.. Now I have to wait for 20 days in order to know if I win or not...

sanchez469

BC has no fault right? So you have to pay the deductible anyway which totally blows. But I am not getting the story straight here...I can't seem to follow the logic of the civic going by you and then reversing. Why would the civic do that unless you guys were like fighting for the spot or whatever... kind of confusing explanation.

J250

iTrader: (13)

She told me she reversed because she saw someone coming out of a parking stall 3 spaces to the right of me... So she quickly reversed trying to get that spot..

Sorry for the poor explanation, it was one of those type of scenarios where its hard to describe

sykocus

iTrader: (1)

That doesn't make sense. From what it sounds like you were already in the road when she backed up without seeing and hit you. And it's somehow it's your fault for not getting out of the way? That means that just because you are parking or in the process of parking other cars can run into yours with you bearing any responsibility? I really hope your insurance company is wrong.

DoHwan

uh.. hrm... I'm with everyone else. I think you should seriously talk to your insurance company and get this settled and if they can't do anything for you 'cause they assume that you're at fault i recommend changing your insurance company. 'cause the insurance company should be doing all they can to make sure that you're not the one paying for other stupid peoples mistakes. remember YOU pay THEIR salary so they work for YOU not you working for them. Just a thought

sykocus

iTrader: (1)

Not only that, but it is in their best interest to prove the other party is at fault. Then they can make her/her insurance company to pay for the repairs.

Scythe

hm, so if your insurnace company says
"hey said no matter what she has the right of way because she is on the One way street while I was in the stall."

then that means, if you go to park and you are halfway in the spot and get railed from behind by a person going forward, its also your fault?
ask them that scenario, your parking on a street and are slowly pulling in, half in the stall half out, and you get hit from behind, its your fault?
they will obviously say that it is not your fault (unless they truely are assbackwards)
then ask them how it is any different, if not even more clear, when a person hits you backing up

J250

iTrader: (13)

Again I agree with you guys however in B.C. we all use the same insurance company which is ICBC. So pretty much the defendant of my side is friends with the defendant of the other woman's side... Instead of arguing till the end and getting as much infos and evidences, they'll probably just sit down and chat about it.. What makes it worst is that the defendant on my side was the one who told me, he has seen these scenarios before and usually the person in the stall loses.. I am currently trying to get ICBC to switch my defendant cause the dude doesn't seem like he cares at all...

Well i won't know anything till 25 days after that, if I dislike the result, than i can bring this to court which i probably will cause again its total BS... But i'll definately bring up all the comments you guys mentioned to them..

nehal51086

correct me if im wrong but isnt there a camry sitting in her way...so her argument really doesnt make too much sense to me then...

truoutkast

it will be hard to prove that she was reversing on a one way street....


will be very hard. had that happened to me and i lost da case because some guy said "what? why would i reverse on a one way street?"