Visitor Question

How does insurance handle conflicting stories of fault?

Submitted By: John (Long Grove, Illinois)

I was in a Menard’s parking lot in Long Grove, IL, and I was backing out of a spot. No one was in my way as I was backing out, but at some point, someone across the isle started backing out as well. My car was fully in the feeder lane and the other car was still 50% in his parking spot when we collided.

I didn’t see him and he didn’t see me as we were both moving at the time of impact (store employee let me see the video). Who is at fault in this case?

Next question, the other person stated to his insurance that he had stopped and saw me coming, and I hit him even though he was 50% backed out. If insurance believes him (store would not give me the video) then who would receive the fault, as I told the truth and said I didn’t see him?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear John,

Fault will be determined by the respective insurance companies. The other driver’s insurance company as well as your insurance company will do everything within reason to minimize their insured’s liability for the accident.

Unfortunately, there is not much you or the other driver can do to influence your insurance company’s position on the issue of liability and compensation. Basically, you are both “along for the ride.”

This doesn’t mean you can’t try to influence your insurance company to avoid liability or to minimize compensation. This can include making sure your insurance company has a copy of the video of the accident, whether they retrieve it, or you retrieve it and send it to them.

Also, if there were any witnesses, have them call your insurance company to offer their rendition of the events leading to the crash.

In the end, your insurance company will do whatever they think will minimize their liability, and will put their interests before yours.

Learn more here: Multiple-vehicle Accidents

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck with your claim,

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