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Old 09-03-2013, 01:51 PM
 
24 posts, read 24,917 times
Reputation: 10

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Quote:
Originally Posted by Texas is only OK View Post
Hi there-

So sorry for the accident! I am an auto insurance adjuster and so maybe I can help answer some questions.
it is important to understand that the definition of insurance is "transfer of risk". Not "sharing of risk" nor "consulting of risk", but TRANSFER. You are paying the insurance company to accept 100% of your risk in times of an accident. If you accept this definition, then two of your questions are answered as follows:
1. The insured does not get to decide who is at fault, as it is no longer the insured's risk. It is the insurance company's risk so the insurance company gets to decide who is at fault
2. YOU pay YOUR insurance company for YOUR risk. The other driver pays his for the same. This means, your insurance company should always be told and involved in a risk. It says so in your insurance contract (policy)
3. If he backs out into a street/alley he definitely has the right of way. A reasonably prudent driver would not be backing down the street, so that is why his insurance company accepted that he is 50% at fault. if he had been travelling forward, you would have been 100% at fault ( barring extenuating circumstances)
4. Your insurance company may find MORE fault on him (60-75%??) than his did, and therefore will have rights of subrogation against his insurance company. Then, the two insruance companies will deal with the hassle of the difference of opinion/money.
5. Obviously, you will only pay your deductible, as agreed to in the "risk transfer contract" aka "your insurance policy"

Please feel free to pose any additional questions. I will check back and I am glad to help.
Thank you so much for your thorough reply! I will definitely get my insurance involved then. My further questions would be
1, if my premium will go up in any form
2, and if it's reasonable or if I should request the neighbor to pay for the deductible based on the TX transportation law through small claim court etc.

Thanks again!!!
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Old 09-03-2013, 02:33 PM
 
Location: North Texas
23,641 posts, read 31,358,985 times
Reputation: 26737
IANAL, but if I recall correctly from driver's ed...and it's been over 20 years...the vehicles on the road already have right of way over vehicles yet to enter the road.

IMHO you're the one at fault, sorry.
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Old 09-03-2013, 03:17 PM
 
1,188 posts, read 2,026,139 times
Reputation: 1382
I think you are lucky that other driver's the insurance company is taking 50% responsibility.
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Old 09-03-2013, 03:21 PM
 
Location: Austin
7,098 posts, read 17,002,683 times
Reputation: 9553
Quote:
Originally Posted by xixi.freebird View Post
My further questions would be
1, if my premium will go up in any form
Of course your premium will go up because now you're a higher risk for them. Even in accidents where they are 100% not your fault, your insurance will go up just because you were involved in an accident. I was in an accident, rear-ended from two cars behind me and then ping-ponged back and forth into the car in front and behind me from the momentum. That was a million percent not my fault and my rates almost tripled.
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Old 09-03-2013, 03:56 PM
 
24 posts, read 24,917 times
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Quote:
Originally Posted by jennifw View Post
I think you are lucky that other driver's the insurance company is taking 50% responsibility.
Well, if it's documented somewhere that cars on the road forwards and backwards always have the right of way, I guess I am lucky. But it jut boggles my mind that,

1, he knew that I was backing up after him. I showed 100% courtesy to have him go first even through I can beat him and be gone!
2, he can go forwards and backwards and block my road all day and let me sit in the driveway simply because he is on the road and has the right of way??
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Old 09-03-2013, 03:58 PM
 
24 posts, read 24,917 times
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Quote:
Originally Posted by FalconheadWest View Post
Of course your premium will go up because now you're a higher risk for them. Even in accidents where they are 100% not your fault, your insurance will go up just because you were involved in an accident. I was in an accident, rear-ended from two cars behind me and then ping-ponged back and forth into the car in front and behind me from the momentum. That was a million percent not my fault and my rates almost tripled.

Wow, thank you for sharing! Maybe I shall consider to compare the potential expenses to pay all out of my own pocket and the deductible plus the increased the premium and then make the decision..
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Old 09-03-2013, 04:14 PM
 
100 posts, read 227,041 times
Reputation: 172
Quote:
Originally Posted by xixi.freebird View Post
Thank you so much for your thorough reply! I will definitely get my insurance involved then. My further questions would be
1, if my premium will go up in any form
2, and if it's reasonable or if I should request the neighbor to pay for the deductible based on the TX transportation law through small claim court etc.

Thanks again!!!

1. Yes, your premium will likely increase (sorry)
2. His insurance company will pay 50% of your deductible if they did actually accept 50%. That is about the best you can hope for! Small claims court will take forever, be a headache, may end up costing more than $500 (half your deductible), and you may get a judgement for less than $500!

Sometimes, you have to just let things go
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Old 09-03-2013, 04:59 PM
 
Location: Richardson, TX
8,692 posts, read 11,474,485 times
Reputation: 3685
Was the driver of the vehicle driving his car backwards on the right side of the road, or did he just back up and stay in the same lane when he was going forward and just put it in reverse?
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Old 09-03-2013, 05:17 PM
 
24 posts, read 24,917 times
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Quote:
Originally Posted by PanTerra View Post
Was the driver of the vehicle driving his car backwards on the right side of the road, or did he just back up and stay in the same lane when he was going forward and just put it in reverse?
He was driving forwards away from my house and then reversed on the right side of the road. He said that he forgot something and tried to get back to get it...
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Old 09-03-2013, 05:21 PM
 
24 posts, read 24,917 times
Reputation: 10
Quote:
Originally Posted by Texas is only OK View Post
1. Yes, your premium will likely increase (sorry)
2. His insurance company will pay 50% of your deductible if they did actually accept 50%. That is about the best you can hope for! Small claims court will take forever, be a headache, may end up costing more than $500 (half your deductible), and you may get a judgement for less than $500!

Sometimes, you have to just let things go
Thank you!!
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