Tricky Car Wreck Situation

[ctigers0714]

I wanted some advice on a fender bender I got in with my neighbor last week. The exact circumstances are hard to describe so I'll just keep it to the main points.

Basically, we were both backing out of our driveways at the same time and our cars collided at my back left bumper and her back right bumper. Because I was backing out, I immediately thought I was to blame. It was the first wreck I had ever been in and I was rattled and it was my natural inclination to apologize for it, probably not the smartest thing at the time to accept blame. We did not call the police because she is my neighbor and we were both on the way to work. She got a quote from the repair shop and they said it was going to be a minimum of $1000 to fix a shallow dent no wider than 6 inches (which seems too expensive to me).

However, I've been thinking about the actual angle that we hit and it occurred to me that she had not yet backed out far enough to be able to turn in the road and start going forward. Meaning, she was probably still backing up at the time we hit each other. She is not the nicest person and I feel like she could be trying to pull a fast one on me and make me pay for the repair since I accepted blame right off the bat. My question is, can I go back and claim that we are equally at fault even though I have already unofficially accepted blame? We have nothing in writing and no cops or insurance has gotten involved at all. I don't know what I am legally allowed to do now.

[emanon1501]

I would call the cops and file an accident report. Your words mean nothing at this point. Let them sort it out and place the blame to correct person or persons. It may be both of you as both of you were backing out at the same time.

FYI $1,000 does sound about right to me.

I should add that my comments is based on my experience.

[MonkeyMama]

Agreed with the last post. I have never been quote less than $1,000 on a minor car repair. It's all the paint and labor and everything. I've got a $1500 at dent at current that I decided to keep (as I have decided many many times in the past - I had a car at some point that was constantly getting hit while parked or stopped - !?!?! Repaired it a few times; pocketed insurance money a few times. It was totally ridiculous, but it was never under $1,000 to repair).

[rennigade]

Sounds like you both are to blame. In this situation I wouldnt even bother with a police report, they're pretty much worthless to begin with. Insurance companies do not use them to determine who was at fault. Found that out...someone ran into our car when we were stopped at a traffic light. Police came, filed report, other person at fault, blah blah...person called insurance and said we cut in front of them...1 year later after insurance companies fighting we finally won and I received my $500 deductible I had to pay. Damage was $5k to the back end of car.

If you both did back out and hit each other you will not have to pay her for damages. If so then she would have to pay you for damages. Its a wash.

[ctigers0714]

Insurance companies do not use them to determine who was at fault.

I really don't want to get insurance involved because I'm still in the male under 25 category so I'm already paying a higher-than-normal premium and this could risk my rates going up even higher.

From everyone's advice it seems like I haven't committed to anything yet except maybe ruining a relationship with a neighbor (she probably won't take me changing my mind very well). But that's okay with me since I feel she was taking advantage of a much younger, less experienced person in the first place.

[FrugalSensei]

In any accident it is always best to just let the insurance companies battle it out but I totally understand your hesitations. I have done both - I have settled on my own to keep things off the record and I have called up the insurance company. The insurance company route was easier in term of time and emotions (for both parties) but the rise in rate can definitely leave a mark. Regardless of your choice in this particular situation I would agree with others that getting the police involved, whether at the time or after the fact, is rarely relevant to the outcome.

[HappySaver]

When we were in our late twenties my husband did the exact same thing - backed out of our driveway while the neighbor across the street backed out of his driveway - bam - they hit somewhere in the middle of the street. As I recall, the insurance companies took care of it, and neither party was determined to be at fault over the other.

[safari]

The same thing happened to my wife. She already backed out of her spot when another car backed out of the opposite spot and hit the rear bumper of her car with the corner bumper. The other driver immediately apologized and admitted his fault, only to completely change his story when my wife filed a claim. Even though my wife's car was not moving when it was hit, it was impossible to prove, so the insurance company decided that each driver we 50% at fault. It was still better than not filing a claim because the other driver's insurance company sent my wife a check for 50% of the estimate. It didn't affect our insurance premium in any way, since the premium only goes up if it's determined that the policy holder was at least 51% at fault.

[ctigers0714]

After examining the intersection where we hit, I determined that she backed through a stop sign as well. Her house sits on a corner and I had completely forgotten about the stop sign since I've lived here so long. So I think I'll propose to her that we each pay for our own cars and go about our way.

[safari]

After examining the intersection where we hit, I determined that she backed through a stop sign as well. Her house sits on a corner and I had completely forgotten about the stop sign since I've lived here so long. So I think I'll propose to her that we each pay for our own cars and go about our way.

Why not file a claim with her insurance company? In the worst case they will pay 50% of your repair cost.

[ctigers0714]

I've thought about that but my damages are incredibly minor (no dent, just minor paint chips) that I don't want to go through all that. Plus, she's still my neighbor and I'm trying to be nice about it.

[ua_guy]

I've thought about that but my damages are incredibly minor (no dent, just minor paint chips) that I don't want to go through all that. Plus, she's still my neighbor and I'm trying to be nice about it.

You stated this particular neighbor isn't the nicest person, so it sounds like you don't have a close friendship as it stands, and probably won't.

Here's what I'd do, and it's still polite. I'd tell her I'm not equipped to cover $1,000 out of pocket and that you weren't expecting the damage to be that expensive to repair. Tell her you'd like to "open" a claim with your insurance company and let them take care of it. Make it sound cooperative and cordial.

The scenario from there goes one of three ways.

1. They determine she is at fault, and she gets nothing. You reasonably have the option of filing a claim with her insurance to recover YOUR damages. If she sues you in small claims, just forward everything to your adjuster. Your insurance company has to defend you under the liability portion of your policy.

2. The adjuster determines both of you share some fault. She can recover partial damages (a percentage of the total, in accordance with the percentage of fault). You can reasonably recover your percentage of damages from HER insurance company. At that point, she will probably file a claim with her insurance company, and her adjuster may agree with the findings, or not.

3. Things heat up, she files a claim with her insurance company, telling them you are at fault. The adjusters talk, can't agree that there's any shared fault (comparative negligence), and decide to close both claims, "word versus word." Neither company pays out damages to the other party, but you of course are welcome to have your own insurance companies fix your respective vehicles, if you carry collision coverage.

Plan B is to just pay to have the work done on her car, and be more vigilant when backing up, in the future. Work with the body shop of her choice, issue payment via cashier's check made out to THEM AND HER, and ask to see invoices for the parts and a final estimate before paying.

[debtfreeme]

Insurance companies

I had a similar accident where I was hit on my rear side with another car backing out of her driveway. She filed that I hit her which could not possibly have happened based on where I was hit.

The insurance company asked for pictures. I had taken them with my cell phone camera before she pulled her car away because we both just stopped in the road. I made sure that surrounding elements were included so they could see the entire area where we were.

By any chance did you take pictures with your phone of the accident and area?

If you were hit bumper to bumper (not fender on the side) most likely the insurance company is going to come out with equal fault and each company deals with its own. If you opt not to repair, then no cost to insurance company and very little rise to your insurance costs, if any at all.

Always take pictures of the accident site (but don't exit vehicle with phone in hand or else they will go after you for talking on the phone and driving)! I know you were rattled.

And the insurance company told me to always get a picture of the driver of the other vehicle next to their car (if possible) and the license plate of the vehicle as sometimes people switch things on multi car policies.

And the stop sign thing will also be important. When you file, mention that!

[debtfreeme]

One last thing

If you decide not to file with the insurance company GET IN WRITING that she was not hurt, and that you are no longer responsible because she can come after you later.

[ua_guy]

If you decide not to file with the insurance company GET IN WRITING that she was not hurt, and that you are no longer responsible because she can come after you later.

How do you think that will help? Do you think she'll really sign it? Do you think it's even enforcible? Just curious.