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Old 09-03-2013, 04:42 PM
 
339 posts, read 514,716 times
Reputation: 461

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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
Agreed. Also consider yourself lucky the neighbor didn't get the police involved. You most likely would've gotten a ticket. If it would've gone on your record it would stay there for 3-5 years (accident-motor vehicle with motor vehicle) and probably effect your insurance premiums for that length of time. Of course you could've taken defensive driving to remove the ticket but since it worked out differently you still have part of the deductible to pay and your premiums will go up. Overall it worked out about as well as it could have for you. Please learn from this experience and never assume anything in regards to driving in the future.
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Old 09-03-2013, 06:08 PM
 
Location: Richardson, TX
8,692 posts, read 11,427,422 times
Reputation: 3684
Quote:
Originally Posted by xixi.freebird View Post
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...
SOunds like he was driving on the wrong side of the road.
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Old 09-03-2013, 07:29 PM
 
24 posts, read 24,801 times
Reputation: 10
Quote:
Originally Posted by sideman View Post
Agreed. Also consider yourself lucky the neighbor didn't get the police involved. You most likely would've gotten a ticket. If it would've gone on your record it would stay there for 3-5 years (accident-motor vehicle with motor vehicle) and probably effect your insurance premiums for that length of time. Of course you could've taken defensive driving to remove the ticket but since it worked out differently you still have part of the deductible to pay and your premiums will go up. Overall it worked out about as well as it could have for you. Please learn from this experience and never assume anything in regards to driving in the future.
Not sure why you say I would have got a ticket? He drove reversely on the street, and shouldn't he get a ticket for reckless driving?? Sorry but I still don't get it.

Yes what I've learnt is take pics at the time and find witness if possible for whatever happened.
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Old 09-03-2013, 07:31 PM
 
24 posts, read 24,801 times
Reputation: 10
Quote:
Originally Posted by PanTerra View Post
SOunds like he was driving on the wrong side of the road.

Yes, he was!
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Old 09-03-2013, 07:49 PM
 
230 posts, read 311,923 times
Reputation: 80
Default Well.......

Quote:
Originally Posted by xixi.freebird View Post
Hi all, I am not sure if this is the right place to post this, but I don't know where else I can seek help.

I just moved here and rent an SFH. One morning last week I got in the car in the drive way and was getting ready to go to work. I saw the neighbor is trying to pull out his car. So I waved and let him back out and pass my house. I made sure he was gone and no other car coming from my right side and behind, tried to pull out from the drive way myself. However I got bumped by his car! He was reversing on the street! He bumped my car above the rear wheel on the driver side. We both got out of the car, and he kept saying sorry and he said he was in hospital the week before for heart problem and he gave me his insurance info. So I just assume we both agreed that it's his fault. I did not take any pic and told him drive safe and hurried to work.

I called his insurance and provided the photos. However his insurance finally called me and they decided that they only going to pay 50%. I was told he has the right of way.

I don't understand why I have to take any responsibility. What should I do? It was a big dent which will probably cost over $5000. Any info will be greatly appreciated.

Thank you!
I don't mean to depress you, and surely don't claim to be an expert on this matter. I just got here myself about 2 weeks ago, and sorry to hear about yor troubles. But I did no fault cases (as a medical provider) in my past life a lot. From what I could recall....unless your car was parked, or hit from behind at the traffic light or a stop sign you will not be fault free. It's likely to come down 50/50 b/c both vehicles were in motion and therefore, technically, both drivers are responsible, regardless of splitting hair on right of way. One was backing up another was just entering the street....tough sell. Have you thought about taking your car to a reasonably priced body shop and solve it out of insurance sight altogether. Unlesss any of you are really injured, and need medical Tx which you couldd not get any other way, I'd say settle it with your neighbour without involving a third party. Just one man's opinion.
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Old 09-03-2013, 09:50 PM
 
Location: North Texas
23,603 posts, read 31,161,722 times
Reputation: 26673
Quote:
Originally Posted by xixi.freebird View Post
Not sure why you say I would have got a ticket? He drove reversely on the street, and shouldn't he get a ticket for reckless driving?? Sorry but I still don't get it.

Yes what I've learnt is take pics at the time and find witness if possible for whatever happened.
The point is...you still hit him, he was in the road, and you weren't. If you had been careful backing out you should have seen him.
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Old 09-03-2013, 10:16 PM
 
7,292 posts, read 8,123,957 times
Reputation: 5381
I think the other guy's company coming back ASAP with an offer of 50:50 fault/cost allocation means they know their guy was at least 50% at fault, and probably more, and they are looking for a quick resolution.

I bet by the time your insurance is done you get better than 50% as he was backing up and on the wrong side of the road.

Watch me hit a tree tomorrow for tempting the gods of driving....I'm about 50, drive a lot, drive fast cars-fast, and I've never once had an accident that was in any way my fault. I've been rear-ended twice, side-swiped once, and fender bent once and I've probably actively avoided a dozen maybes and five or six for sure big time wrecks. That's a long way of saying I"m an excellent driver and I would have had the same accident the OP had.
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