Help! Accident while reversing....

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Feb 16th, 2009 3:59 pm

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Jan 18th, 2009 12:35 am

barrieguy [OP]: Newbie; Jan 16, 2009; 4 posts

Jan 18th, 2009 12:35 am

Help! Accident while reversing....

My wife and I were unfortunately heading out to a funeral this morning and in a complete rush, collided with our adjacent neighbour in the street who was also reversing.

Given the circumstances we decided to discuss the accident in more detail upon my return. I though I would do a little home work first though....
-both backing out of our driveways at the same time
-my rear passenger side bumper collided with his driver's door
-his driveway is shorter than mine which leads me to believe that we were reversing at the same time but that he reached the road slightly before me - hence why I hit him in in driver's door.
-his vehicle was not straight in the road - it was still tilted slightly so he was probably still in reverse.

I am trying to determine fault if possible. The Fault determination rules only state that if I back into him that I am at fault.....they don't say anything about if we were both reversing and collide.

Your help is appreciated!

34 replies

Jan 18th, 2009 2:13 am

Dealz-4-U: Deal Addict; Mar 25, 2005; 1136 posts; 18 upvotes

Jan 18th, 2009 2:13 am

well to me it seems like both of you are at fault (one of you should have seen the other backing out and stopped or waited)... if the damage does not cost alot of $$$ I would say get it fixed privately without insurance getting involved and split the costs 50/50...

Jan 18th, 2009 2:18 am

Rx-87: Deal Addict; Jul 17, 2005; 2896 posts; 58 upvotes

Jan 18th, 2009 2:18 am

each of you just fix your own car.

problem solved.. lol

Jan 18th, 2009 2:42 am

Keigotw: Deal Expert; Mar 25, 2003; 17259 posts; 5786 upvotes; Markham

Jan 18th, 2009 2:42 am

Rx-87 wrote: ↑each of you just fix your own car.

problem solved.. lol

or also add both cost of fixing then divide by 2

Jan 18th, 2009 2:45 am

Mattones: Deal Addict; Jun 17, 2006; 3550 posts; 126 upvotes; Halton

Jan 18th, 2009 2:45 am

Gotta learn to back into the driveway. no problems then.

Enjoy Life

Jan 18th, 2009 9:14 am

axela3: Sr. Member; Oct 6, 2007; 726 posts; 56 upvotes; Toronto

Jan 18th, 2009 9:14 am

its a common knowledge when you reverse you will check if someone/something is behind you, both of you made a mistake not checking or not having a courtesy to let each other back up first.

both of you are at fault, nobody is stationary/both are reversing.

its better to settle it out of insurance, otherwise both of you will get premium increase.

Jan 18th, 2009 9:16 am

spf1971: Deal Addict; Sep 22, 2007; 4599 posts; 121 upvotes

Jan 18th, 2009 9:16 am

Considering that you struck his door, you actually backed into him. He may have been reversing as well, but you struck him and not the other way around. He didn't hit anyone so he wouldn't be at fault. The fault is on you.

Jan 18th, 2009 10:34 am

onomatopoeia: Jr. Member; Apr 25, 2008; 148 posts; 6 upvotes

Jan 18th, 2009 10:34 am

spf1971 wrote: ↑Considering that you struck his door, you actually backed into him. He may have been reversing as well, but you struck him and not the other way around. He didn't hit anyone so he wouldn't be at fault. The fault is on you.

Bingo.

Your bumper ran into his car door, means he was in the street before you. Learn to look backwards before backing up.

Jan 18th, 2009 10:41 am

Friday5PM: Sr. Member; Oct 27, 2008; 657 posts; 6 upvotes

Jan 18th, 2009 10:41 am

Unfortunately I think it is your fault too. If both rear bumper colliding then both at fault, but you hit his driver side door.

Jan 18th, 2009 1:54 pm

scan: Deal Addict; May 12, 2004; 1544 posts; 6 upvotes; Richmond Hill

Jan 18th, 2009 1:54 pm

barrieguy wrote: ↑My wife and I were unfortunately heading out to a funeral this morning and in a complete rush, collided with our adjacent neighbour in the street who was also reversing.

Given the circumstances we decided to discuss the accident in more detail upon my return. I though I would do a little home work first though....
-both backing out of our driveways at the same time
-my rear passenger side bumper collided with his driver's door
-his driveway is shorter than mine which leads me to believe that we were reversing at the same time but that he reached the road slightly before me - hence why I hit him in in driver's door.
-his vehicle was not straight in the road - it was still tilted slightly so he was probably still in reverse.

I am trying to determine fault if possible. The Fault determination rules only state that if I back into him that I am at fault.....they don't say anything about if we were both reversing and collide.

Your help is appreciated!

Definitely your fault. a) you struck his door b) you only "believe" he was reversing. He could be reversing down the street for all he wants but you still struck his door.

You should be paying for everything but if he offers some kind of settlement you should definitely take it.

Case closed.

Jan 18th, 2009 2:48 pm

Shaner: Deal Expert; Jul 5, 2004; 27647 posts; 7048 upvotes

Jan 18th, 2009 2:48 pm

If I was your neighbour, I would either tell you to pay to get my car fixed, or I would report it and go through insurance. In my mind and probably the mind of the insurance company, you are completely at fault. Like you said, he backed onto the street first and then you hit his door. Whether he was still in reverse or not doesn't matter, you ran into the side of his car. He didn't run into you.

With that said, if you can convince him that you should each pay for your own damage, then go for it. If not, maybe offer to pay half the cost of his damage. If that still doesn't fly with him, then you're probably screwed, because insurance will likely find you 100% at fault. You should have seen him behind you before you hit his car. He doesn't have to look for you considering he was in the road while you were still backing out of your driveway.

Jan 18th, 2009 3:15 pm

Shaner: Deal Expert; Jul 5, 2004; 27647 posts; 7048 upvotes

Jan 18th, 2009 3:15 pm

Anonymouse wrote: ↑Whether he was in reverse or not is very important to the neighbour, though not to OP. It doesn't matter if you're in the road; if you're backing up, you're 100% at fault.

You're not necessarily at fault just because you're reversing. The OP clearly ran into the other driver, not the other way around.

Jan 18th, 2009 3:25 pm

Anonymouse: Banned; May 24, 2008; 647 posts; 722 upvotes

Jan 18th, 2009 3:25 pm

I beg to differ. Here is the text of Fault Determination Rule 19:

The driver of automobile

Jan 18th, 2009 4:09 pm

Shaner: Deal Expert; Jul 5, 2004; 27647 posts; 7048 upvotes

Jan 18th, 2009 4:09 pm

[quote="Anonymouse" post_id="8100993" time="1232310319" user_id="161569"]I beg to differ. Here is the text of Fault Determination Rule 19:

The driver of automobile

Jan 18th, 2009 4:12 pm

selpats: Dec 31, 1969

Jan 18th, 2009 4:12 pm

OP - It's a shame about the accident but seriously, take more care next time. You were lucky that was another car you hit and not some kid...

Jan 18th, 2009 5:37 pm

kleptodathief: Banned; Nov 11, 2006; 8770 posts; 31 upvotes

Jan 18th, 2009 5:37 pm

OP is at fault 100% imo! pay out of ur own pocket!!!

Jan 18th, 2009 7:40 pm

at1212b: Deal Guru; Mar 31, 2008; 13129 posts; 3201 upvotes; Toronto

Jan 18th, 2009 7:40 pm

Looks like the neighbour established his right of way first on the main street, therefore it is the OP's fault. In either case, if I were the neighbour and the OP did that, I would want the OP to pay the bulk of it, with me, paying a significantly smaller portion in trying to keep good relations with the neighbour.

If challenged on that, take it to insurance as likely the OP will be the one at faulth.

Jan 18th, 2009 8:02 pm

hightech: Deal Expert; Dec 23, 2003; 18538 posts; 7741 upvotes; Toronto

Jan 18th, 2009 8:02 pm

If he reversed first, then he had the right of way. You hit him so 100% your fault. Fix both cars and move on.

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Jan 18th, 2009 8:31 pm

spf1971: Deal Addict; Sep 22, 2007; 4599 posts; 121 upvotes

Jan 18th, 2009 8:31 pm

DrXenon wrote: ↑You guys aren't paying attention. According to Rule 19, if you're reversing, there is no concept of "right of way because you're in the road"; it's 100% on the neighbour. Problem is, OP was also reversing, so it's 100% on him. How this is resolved is likely to be a matter of judgement on the part of the insurance companies. I bet it'll be 50/50.

You are correct in your scenario if two vehicles back into one another. In this case, the OP backed into the side of the neighbours car. The fact that he hit the side, means that the OP backed into the other car and it's not a case of two vehicles backing into each other.

Fault Rule 7 seems to apply more than 19 and according to rule 7, the OP would be at fault. Remember where the collision occurred, it's kind of hard to back into another car hitting it with the drivers door.

Jan 18th, 2009 8:38 pm

Shaner: Deal Expert; Jul 5, 2004; 27647 posts; 7048 upvotes

Jan 18th, 2009 8:38 pm

DrXenon wrote: ↑You guys aren't paying attention. According to Rule 19, if you're reversing, there is no concept of "right of way because you're in the road"; it's 100% on the neighbour. Problem is, OP was also reversing, so it's 100% on him. How this is resolved is likely to be a matter of judgement on the part of the insurance companies. I bet it'll be 50/50.

We are paying attention, but Rule 19 is clearly regarding cars that reverse into another vehicle. In this case, the OP reversed into the neighbour. If I was the neighbour I wouldn't be the least bit worried about going through insurance as I'm sure the OP would be 100% at fault.

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