The lady had several scratches on her rear door on passenger side and small dent on same side by rear wheel. Mine has large scratches/chipped bumber on my drivers side rear bumper also slightly detached on same side. We didnt get police report, but I was completely out and on drive to move forward when I was
The lady had several scratches on her rear door on passenger side and small dent on same side by rear wheel. Mine has large scratches/chipped bumber on my drivers side rear bumper also slightly detached on same side. We didnt get police report, but I was completely out and on drive to move forward when I was technically rear ended while in the through lane. So am I still at fault bc I was the one that originally moved out the parking spot even through I was already a vehicle in the through lane, not a vehicle driving/reversing into? Also, we exchanged information and come to find out she was not covered, is it worth going thru claims court to have her pay my cost/desuctible for having to go thru my insurance for a non insured driver claim to have repairs done?
Considering where the damage is you will be at fault. As you said you were only starting to straighten out so you actually reversed in to her, if she rear ended you the damage would be on the front of her car. Although (if you were at a complete stop) and she tried to go around you and turned to early is the only possible way she was at fault in which case you would have wanted a police report and it would have been a hard one. Even if the damage was on the front of her car and you were still moving you would have been at fault still.
If you did not get a police report, you are most likely screwed when it comes time to file a claim. ALWAYS file a report when there is ANY damage that you might file a claim for. As is, you will not be able to prove who was at fault, so your insurance company may or may not pay you, but DO expect your premiums to take a giant hike next time you renew your policy…WHY didn't you file a report? Well, hopefully you have learned for the next time…
Whoever is found at fault, pays for ALL the damages to the other driver. Even if your insurance pays, she would owe your deductible plus what insurance pays.
But, it appears that YOU are at fault for reversing into her. So your insurance, even though she is uninsured, will pay for her car damages.
Having no insurance has nothing to do with fault.
First, I think you are at fault.
Second, she can't pay for only your cost/deductible. Your insurance company has first dibs on anything she pays. Either she pays for everything (and your insurance pays nothing), or you pay your deductible. For example, if the damage is $2500 and the deductible is $500 and she pays $500, then your insurance is out only $1500 and you still pay the same $500 that you would have paid if she hadn't paid anything.
You hit the rear door and area around the wheel of her car, with your rear bumper. I'm sorry, but the only way that happens is if you backed into the other car. She cannot "rear end" you with the side of her car. Be glad she is uninsured, because you would be found at fault. Pay your own damages.
your grammar is pretty bad so im not sure what happened, but last time i checked, you have to actually check both ways before reversing into oncoming cars. since you are at fault, dont call insurance. especially since she is not covered you will get her into a lot of trouble because of YOUR mistake. pay for the damages.
ONLY insurance companies can, do and will determine "fault" due to an accident. You will have to ask them who they found liable (at fault). You are wasting your time asking here or asking anyone but the involved insurance companies. If the other person was not insured, report this to YOUR insurer. They will handle the matter.
When you have insurance………….USE IT !