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Backing Accident

Discussion in 'Commercial Snow Removal' started by jkiser96, Dec 8, 2007.

  1. jkiser96

    jkiser96 Senior Member
    Messages: 401

    I had a lady the other day on a lot cut behind me as I was already backing up, of course the inevitable happened. I hit her car & she starts screaming that it is my fault 100% and then called my insurance company and informed them that she wanted her car fixed right now and chewing them out. My agent called & I told them to fight this deal because I have witnesses that seen me backing up with flashers on and she just cut in behind me. I called the police and got the official report done. Then to top that off after the cop leaves & I am going back to plowing she ask me if I am a plow guy. I just wanted to choke her & say no I just like driving around with this thing for looks. Have any of you guys had this happen & who did they rule was at fault?
     
  2. bribrius

    bribrius PlowSite.com Addict
    Messages: 1,609


    if her car wasnt moving during impact. and your truck was. you are at fault.
    if you ever think you are about to collide with anyone always stop. then THEY are the ones moving causing the accident.
     
  3. jkiser96

    jkiser96 Senior Member
    Messages: 401

    was moving

    Her car was moving and it was in an entry way to the gas station. I hit the front of her car as she cut in behind me. In fact my hitch blew out her right front tire. In my opinion she was in the wrong but I am not an attorney.
     
  4. bribrius

    bribrius PlowSite.com Addict
    Messages: 1,609



    i think you just answered your own question.
     
  5. REAPER

    REAPER 2000 Club Member
    from 60050
    Messages: 2,228

    Unfortunately I think you will end up paying.
    Or your insurance will.

    I have told mine directly twice to not pay something and fight it.

    Only to find they settled and made a payout because it was cheaper to them then fighting it. :realmad:

    No matter to them that it is a hit on your policy or not they do what is cheaper for them no matter the outcome.

    I hope you don't just have a basic auto policy or if the lady mentions you were snowplowing they may deny the claim putting it on you.
    I would almost bet that is why she asked you if you plowed.
     
  6. jkiser96

    jkiser96 Senior Member
    Messages: 401

    yes I collided with her but I was ALREADY MOVING. She took the initiative to cut in behind me. I took all safety precautions I possibly could with flashers and she also cut in the exit side on the entrance so she was actually on the wrong side of entry to get around me.
     
  7. jkiser96

    jkiser96 Senior Member
    Messages: 401

    Insurance

    I run a completly legite business. I have commercial policies on all my vehicle since I do excavating in the summer as well. The bad part is I just started with this new insurance company less than a month ago but they said that since she called them cussing & telling them what they were going to do they will fight this one.
     
  8. Mark Witcher

    Mark Witcher Senior Member
    Messages: 604

    I think you will be found at fault because you were backing up . Flashing yellow light doesnt relieve you of any liability if you back into someone.
     
  9. REAPER

    REAPER 2000 Club Member
    from 60050
    Messages: 2,228

    Good to have them on your side then. I hope they fight her on it all the way. You could also add that the reason she was going in the exit was because she saw you coming and still tried to get in behind you.

    I wish the 2 I did called mine cussing.
     
  10. crazymike

    crazymike Senior Member
    from Toronto
    Messages: 639

    If one of my guys has a fender bender I pay out of pocket, or make the driver pay through pay deductions in some cases.

    Thanks to insurance companies greed and frivolous law suits we carry insurance only to be scared to make claims.

    Up to $2500 you are better in the long run to pay cash rather than higher premiums later
     
  11. Joe D

    Joe D Senior Member
    Messages: 605

    I would say it will be your fault. Backing up puts you in the wrong in the eye of the insurance companys
     
  12. sparky8370

    sparky8370 Senior Member
    Messages: 234

    My wife went to a gas station, fueled up, and was backing out a little so she could go around the vehicle at the pump in front of her. Someone in a pool truck came in, and in his exact words, gunned it to get around her. He said this in front of the cop, and it was still somehow deemed my wife's fault. My wife was already backing before he even pulled in.
     
    Last edited by a moderator: Dec 9, 2007
  13. 440trk

    440trk Senior Member
    Messages: 112

    Since you were backing up....you will most likely be found "at fault" for improper backing.
    Your only legitimate "out" here, is that she was coming in the EXIT. While you are still responsible for proper backing, you also have a reasonable expectation that people will only be going OUT of the EXIT as well. You may luck out....just make sure the police report and your insurance company knows that she entered the"EXIT". That MIGHT at least put part of the blame on her.

    I doubt you'll get out of it 100% though.... sorry. You'll be found partially responsible for "improper backing" regardless.
     
  14. makplow

    makplow Senior Member
    Messages: 242

    It really sucks that motorist don't have more respect for the people out plowing snow and making it better for them too do there every day routine's. Unfortunatly they look at us like who are they too think they can slow me down. I have too get too the mall. We could argue that forever. I hate too give you my opinion but seeing you where backing up even though you where performing your job, The insurance #$&^%$ will find you at fault. I hope i'm wrong.

    Mak.
     
  15. jkiser96

    jkiser96 Senior Member
    Messages: 401

    Thanks everyone for your input. I have a feeling that I will be at fault on this deal but oh well. The only good thing is that as I drove away she was waiting for someone to come fix her POS car that had a hole in the tire the size of a coffee can from my hitch. That is exactly why I carry the proper insurance.:gunsfiring:
     
    Last edited by a moderator: Dec 9, 2007
  16. golfstud88

    golfstud88 Member
    Messages: 30

    This happened to my Dad one time. He was backing out of a parking spot and saw a lady backing out and he stopped and she still kept going and they hit bumper to bumper. There were no witnesses but them two and somehow they ruled in favor of her. I know your pain. I wish people would start watching where they are going.
     
  17. Rangerman

    Rangerman Senior Member
    Messages: 148

    I dont know about your state but in indiana the way we read the law, if you are displaying a flashing light even if it is just your hazards. You have the same right of way in a public area as the police or fire. Just thought i would pass it a long to some of the guys with no lights on. I had a guy park behind me as i was backing down a long lot the other day with back-up alarm screaming and a 3500 Dodge backing straight for him.
     
  18. jkiser96

    jkiser96 Senior Member
    Messages: 401

    nice info

    That is interesting Ranger since I am in Indiana also. I will have my insurance lady check into that when I talk to her tomorrow. Thanks again.
     
  19. fordzilla1155

    fordzilla1155 Senior Member
    Messages: 127

    This is why I refuse to do gas stations and stop & robs...
     
  20. SnowGuy73

    SnowGuy73 PlowSite Fanatic
    Messages: 24,868

    I don't know what you are getting all worked up about. For one, know one on here has any professional legal advice to give just their opinion. And two, this is why you pay insurance because **** happens. Just relax dude!
     
    Last edited by a moderator: Dec 10, 2007