whose fault is it in this kind of automobile accident (see details)?
Okay, so my car’s parked at the edge of a parking lot. the spots in the parking lot are slanted so it’s easier to park (each lane thing is a one-way thing.) since the back seat is covering the view when i turn towards the back to see, i use the rear view mirror as i’m backing out. i’m backing out slowly w/ my foot still on the breaks. i hear a honk. i’m kinda slow to react so when i’m pushing down to hit the breaks i already hit the car. i come out of the car (b/c my parents told me if i even move a little bit after hitting some bad people will claim a hit & run) so i get out of the car. the girl’s going crazy cussing & telling me go get my car away. so i get back in & go forward a bit (back into the parking space). i look out the window & she tells me to go up more. i do. then she gets out of the car. she’s all cussing like crazy, complaining that it’s her fourth accident. i just say "sorry" b/c i’m kinda in shock. first accident during the three years i’ve been driving. she asks if i have insurance. i say no i don’t think so (i’m not sure. i have it for the car.. maybe for myself but wasn’t sure at the moment). and then she calls her boyfriend or something. she asks him what to do by saying "hey oppa i’m at school but this girl just hit me while she was backing out in the parking lot. it’s her fault but she doesn’t have insurance. what should i do in this kind of situation?" & i’m thinking.. was it my fault?
WHAT SHE SAYS: she claims she was behind me.. but i didn’t see her in my rear view mirror. i heard her honk. but by the time i was pressing on the breaks i hit her. but she says that "otherwise the dent wouldn’t be on the driver’s side honey."
the DAMAGE: HERS- a white mark on the side of her car smaller than a volleyball. it’s dented in a bit. the sides of it are dented (like a mini crater. (the white thing is where my white matrix hit it) the white part is basically where it’s the ditch and the sides of it go upwards to the orginal place. but the thing is.. it’s right between the car door & the left front tire. the bent thing kinda gets in the way for hte door to open. but iono.. she was able to get out. there’s some white/silver scratches..sharp ones ..i don’t think i have marks like that on mine so i don’t know if it’s even from my car.
MINE-a black scratch/mark thingy (similar to the one on her black car) in the shape of a tornado (5 inches ish across). & now the bumper’s sticking out on the side. not a lot. maybe.. an inch? less than that i think. dunno. can’t measure with my eyes. almost an inch though.
now she wants repairs paid for. replacing the fender and painting the car door (where the sharp white/silver scratches are) barely shorter than 0. i don’t know if this is necessary info though. uhh HER CAR: `06 black honda civic (two door) & MY CAR: `09 white toyota matrix.
at first i assumed she was right & it was my fault since she’s been driving longer & she honked.. but after thinking.. iono. help please?
Additional Details
okay so i did a test thing. i parked (straight since i didn’t have much room to park crooked the way the parking spot was). but i had my little brother drive back & forth almost right behind me. i could see the top of his head & up (including the roof of the car). nothing more than that. but the fact that i could see that whole thing means i should’ve seen the top of her car after i hit it. & i realized i have a habit of looking at the side mirror. but i remember on that day i looked at the side mirror & realized my laptop was in a spot where it could slide of the seat.. so i fixed it & then looked in the rear view mirror & backed up. i don’t know what happened but i heard a honk &then by the time i was pressing harder on the breaks (im slow to react but i was also wondering if the honking was at me) i already hit her car. if the part of her car up to the edge of the hood & windshield was there..i understand how i couldn’t see it & she was there.. but thinkingofwhere her car was hit..
yes asking this again b/c no one else is answering.. and i really need to know or i’m gonna get charged 780 b/c she wants to replace the entire fender and paint her door again.
One Response
John W
09 Feb 2010
There’s four strikes against you, you were backing out, you were using the mirror instead of looking out the back, the impact is on the side of her car and you said you didn’t have insurance. Your only hope is to dig up dirt on her previous accidents and argue that she’s a bad driver and sped into your way or to hope that she doesn’t have the financial means for a prolonged court case. Photos of the damage should be brought into the court, if she’s asking for repairs that’s out of line with the actual damages then her credibility will suffer in the eyes of the judge.
It really doesn’t matter who is right but rather who the judge would think is more credible and which side has the funds for the lawyers to argue the longest. The judge will be looking for things that sound like facts not rationalizations, besides your arguments of what you saw in the mirror only indicates that you were using mirrors to back out and you’re not supposed to do that.
The lesson you should take is that in an accident, don’t listen to what others says happened, focus on what you know, don’t assume you are at fault and don’t say anything that you don’t know for sure, and learn how to back out properly rather than by using mirrors. The back seat argument doesn’t wash, cars are designed with rear view in mind, if the back seat is blocking your view, either you’re not seated at the right height or it’s the wrong car for you. You also need to react faster, a great deal can happen in a very short amount of time when driving.
Also spell "Brakes" properly, it helps your credibility to use the English language properly.