Car Accident Help. Who is at Fault????

[Anonymous]

Driver B was driving slowly in a parking area in DC. Driver B reversed out of the parking straight into driver A. Insurance for Driver B will not pay saying Driver A holds some responsibilty. They will pay for Driver B. He did not see the car she just backed into him. Please give advice what you would do? I am not taking this lying down. They are saying in DC there is a law that if Driver Ais more than 1% negligent then they do not have to pay. Any input would be appreciated. Thanks you.

[Anonymous]

Anyone who backs into anyone else is 100% at fault in my experience (not in DC, though.)

[Anonymous]

I let my insurance handle it. Trust me, if they think you are not at fault, they will go after them.

[Anonymous]

Yup, DC and MD are contributory negligence states. Most of the restt of the U.S. is comparative negligence.

[Anonymous]

You are right about the 1% negligence. It's called contributory negligence. I litigate these types of claims and I can honestly say that your post did not provide enough details to say whose fault it was. It sounds like the other driver may have told a somewhat different story, but if you were the only witnesses it's hard to prove, and it would be your burden of proof to establish the other driver's negligence.

[Anonymous]

OP here no witness es but the other driver appologized and said it was her fault when she backed in to my husaband

[Anonymous]

bump

[Anonymous]

Anonymous wrote:OP here no witness es but the other driver appologized and said it was her fault when she backed in to my husaband

Unless he recorded her, it's his word against hers.

[Anonymous]

I would think it is the person backing out BUT, both people should have been looking/watching out for each other but its easy enough to miss with blind spots, being tired/long day, etc.

[Anonymous]

Anyone who backs out of a spot into someone else is at fault. Even in DC.

[Anonymous]

Anonymous wrote:Anyone who backs out of a spot into someone else is at fault. Even in DC.

I'm the PP who litigates these claims and I've never heard of this. Can you post a cite to a specific statute or case that establishes this rule?

In any case, OP, it certainly sounds like the other driver was at fault. I would ask your insurance company the basis for their decision.

The fact that the other driver apologized is not relevant, because first of all, people apologize all the time just because they're upset or whatever, but also, even if she thinks it's her fault and feels bad about it that doesn't mean she's legally liable.

[Anonymous]

PP here. I wanted to add that you should ask the insurance company exactly what your husband was doing that constitutes contributory negligence. Are they saying he was going too fast? Was the other driver backing out very slowly? Find out exactly what facts they're taking as true and what they think your husband should have done differently.