Am I at fault in this auto accident?

I was at a store and was parked in the fire lane (a friend was in the vehicle as I ran in for a second). Someone came in and parked (illegally as well) behind me and went into the store (no one was left in his vehicle). I left my truck running and got in and backed up and hit this person’s vehicle.

Now I had no insurance (I do have insurance now) and this guy has insurance. No one was written tickets for all of our illegal parking and me not having insurance. This person’s insurance now contacts me and says I am responsible for $1600 (definately an inflated price) worth of damage. I am not denying the fact that I hit this guy, but it seems to me that even though I was illegally parked, once I started moving I became legal and this guy was the one who was illegally parked so it would be his fault.

I realize probably no one could give me a definitive answer, but would I look like a fool trying to fight it in court or do I have a case?

Yes. In Maryland at least.

I was legally parked and backed out and hit someone illegally parked in the fire lane, and my insurance had to pay for the damage. $1600 may seem inflated, but with labor rates, parts, and paint costing what they do, I doubt it is totally unreasonable.

I was under the impression parking lots (and private areas) are no-fault accident areas. You can’t get cited for accidents in the normal way.

In terms of pure fault, you’d be at fault for hitting a non-moving vehicle. How did you get into your car without noticing someone behind you?

I didn’t notice because it was dark and I was in a hurry - so basically I was being stupid and not paying enough attention to what I was doing.

Generally, if something is stationary and not concealed, and you drive into it (forwards or backwards), you are at fault. If there had been a 2-year-old kid sitting behind your car, and you had backed into the kid (who you couldn’t see through your mirror, but who you could have seen if you’d glanced behind your car bfore getting in), you woud have been at fault.

Doesn’t this answer your own question? BTW, the legality of your or the other driver’s acts are irrelevant in this situation. It was your negligence, pure and simple, that caused the “accident.”

Your argument is a loser legally. As a side note why are you trying to play the angles on this? It’s entirely your fault. You should be thankful the police weren’t called. Driving without insurance gets pretty serious fines and other assorted legal smackdowns in most states. You’re getting off relatively cheap and without the police getting involved. Be thankful and cut a check.

I’m too late. :frowning:

Consider this a “pile on” post.

Oh, all right. Check your state’s statutes regarding “limitations on backing.” It doesn’t matter if you’re in a fire lane on private property (this case) or in the middle of a wheat field, or backing up on the freeway. If you cause your car to collide with a stationary object/person you are at fault.

The $1,600 may or may not be inflated. The insurance company can’t legally inflate the estimate. Chances are that you have no idea what the actual damage to the other car was (because it was dark like you say). A gouge or hole in a plastic bumper cover can’t be repaired (usualy), and a scratched/dented chrome metal bumper can’t be undamaged/repaired to its pre-loss condition. Impact absorbers, little “shocks” that absorb some impact are easily damaged. Parts cost money, painting costs money, labor costs money. You DO have a right to examine the estimate/repair bill.

Well, sometimes if you go to Arbitration- if there are some "extenuating circumstances’ then the fault could be assigned 90/10 or 80/20. I’d certainly say that the fact that the other guy was illegally parked makes him 10% liable- maybe even 20. I had one where a UPS van backed into my car- and the Arbitrator set it at 90/10 as I was parked slightly over the white parking space dividing line. My Insurance Co (State Farm) paid my 10% both ways, so remember that if you’re shopping for insurance. (Note- UPS nearly always goes to Arbitration, no matter how black and white it is- another reason I hate that company)

So- here is what you do- you call them back and get a supervisor or someone empowered to reach a settlement. You tell them that their guy was illegally parked (don’t mention you were also) and that you feel the estimate is high also. Say that you’ll go to Arbitration or Court if they don’t settle. Mention offhand that you’re broke anyway. Offer them 66%. Accept 90%. Then thank goodness no police were involved.

Morally and legally- I think that getting a 10% “discount” is about right. If you get anything more than that- it is your lucky day.

So you’re the guy driving around with no insurance and parking in the frickin’ FIRE LANE to ‘run into the store for a second.’

Pray tell, were you yakking on your cell phone phone when you plowed into this other car going backwards without looking? Are you also that guy that changes lanes at random and doesn’t know where his turn indicator lever is located?

No, you’re not at fault. Blame society and plead insanity. You were parked in the FIRE LANE? Blame your parents.

I think the answer was in the Monty Python movie when they cried out, “Stone him!”

In the interest of fairness I will mention an accident I caused in which a UPS truck was scratched and my headlight was shattered. I admitted fault to the UPS driver who then looked at his vehicle, said “Hey, it’s not that bad” and bid me good day.

Of course, this was an action taken by the driver, not the company.

I have found many UPS employees to be great.

Things will vary with state. I am in PA. I was the guy behind the uninsured moron once. When he contacted me about not wanting to pay my estimate for repair, I called the police and turned it into my insurance.

Thanks for everyone’s advice and opinions. I won’t attempt to fight it. I will simply pay for whatever they say it will cost to fix it, and I will take away a valuable lesson. I will never, ever drive without insurance again or park in the fire lane.

And never get involved in a land war in Asia. That’s an important one too.

Another important one, but only slightly less well known, is this: “Never go in against a Sicilian when death is on the line.”
Sorry. I couldn’t resist. :wink:

Or back up without checking to see what’s behind you-that’s a good lesson, too. :wink:

Never, never piss into the wind. Or tug on Superman’s cape.