Who has the right of way: person reversing after turning a corner or the person who is hit by the reverser?
A month ago I was turning the corner onto my street behind a man when he suddenly stopped and reversed into the back passenger side of my vehicle. I got all of his information while he did not get any of mine (and didn't ask for it). He ended up telling his insurance that I rear-ended him and after over 3 weeks they denied my claim saying that supported it with the facts (ridiculous!). After a short argument they ended it with stating that if I want to see this in a legal view, he had the right of way because he was in front of me......I personally don't see any sense in this, but I'm not a lawyer so I'm asking for your expertise. Did the man who reversed into me have the right of way? Does that mean I can drive down a street and just reverse into whoever I please now?
There are standards of fault. One is driving in reverse. Another is failure to use caution while turning.
The problem is, it's DARNED HARD to prove someone was in reverse.
I'd also question how you were turning . . . because if you were turning and you were behind him, he should have hit your front bumper, NOT your rear passenger side. But that pushes even MORE of the fault onto him - if you HAD rearended him, your FRONT BUMPER would have been damaged.
His insurance company has NO DUTY TO ACT IN GOOD FAITH TOWARDS YOU. If you have collision, my recommendation is file through your company. Just the fact that your bumper is undamaged supports your story, not his.
Additionally, you'll have to file ANYWAY, because if his insurance company is blaming YOU for the accident, sooner or later, they're going to demand that either you or your insurance company pay his damages.
So. Sue him in small claims court if you don't have Collision. Take pictures of your bumper showing no damage, and the side of your car showing damage. And the rear of his car showing damage.
And talk to your agent first - who knows the particulars of your coverages and state laws.
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