newcomer got an car accident, pls help! (West, Howe: rent, insurance)

[xixi.freebird]

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!

[mrsclark]

I would contact YOUR agent and talk to him about this, they are responsible for defending this.

[xixi.freebird]

Thank you for your reply! I did talk to them and I was told that besides paying for $1000 deductible, my premium might go up as well. So they recommend me to go through the small claim court. What I am not sure or want to confirm that if this is mainly his fault rather than mine...

[mrsclark]

Well, my retired officer husband would probably say your fault because you were entering the roadway. Regardless of what the other vehicle was doing at the time of being on the road. Common sense says one thing, the law says another.

[EDS_]

Originally Posted by mrsclark

Well, my retired officer husband would probably say your fault because you were entering the roadway. Regardless of what the other vehicle was doing at the time of being on the road. Common sense says one thing, the law says another.

I disagree. Someone backing up on a roadway generally is last in the right of way hierarchy. If the OP was pulling out in drive I think he had right of way.

[xixi.freebird]

this is exactly what I would like to find out, who has the right of way in this case?? I assumed I have absolutely right of way considering he is backing up...I did some search on the web, cannot find the answer. One thing I read is that TX transportation law is fault-base, which means whoever is at fault need to take the responsibility rather than sharing between the two...

Any more inputs??? Thank you

[EDS_]

Originally Posted by xixi.freebird

this is exactly what I would like to find out, who has the right of way in this case?? I assumed I have absolutely right of way considering he is backing up...I did some search on the web, cannot find the answer. One thing I read is that TX transportation law is fault-base, which means whoever is at fault need to take the responsibility rather than sharing between the two...

Any more inputs??? Thank you

I don't have one around anymore....but the little yellow Texas Drivers Handbook has a section about right of way.

[FalconheadWest]

Even though he is going in reverse down the street, he is in the right of way. You had yet to enter the street, and then when you backed into the street, he hit you. That's your fault for not continuing to look in your mirrors at anyone coming towards you.

What if it were a child riding a bike or walking on the sidewalk? Wouldn't you have continued to watch in your mirrors?

[xixi.freebird]

Originally Posted by FalconheadWest

Even though he is going in reverse down the street, he is in the right of way. You had yet to enter the street, and then when you backed into the street, he hit you. That's your fault for not continuing to look in your mirrors at anyone coming towards you.

What if it were a child riding a bike or walking on the sidewalk? Wouldn't you have continued to watch in your mirrors?

I know what you saying. That's more or less what the insurance guy said. However just because I was watching out not to hit others behind and the upcoming traffic from the right side, I got hit. If there is a bike or kid, I won't hit them the way I was driving. The only scenario is they bump or walking into my car as the truck did to me

[Texas is only OK]

Originally Posted by xixi.freebird

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!

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.