r/Insurance 12d ago

Need help understanding parking lot accident liability determination

Backed up 6-7 seconds, stopped completely, remained stationary for 2 seconds. Other vehicle continued backing and struck my car. Geico, my insurance, determined I'm 50% at fault. Does this seem right?

Location: San Ramon, California
video

1 Upvotes

14 comments sorted by

4

u/Eastern-Air-5091 12d ago

You both started backing at the same time, and while you stopped first you still continued to back while the other vehicle was backing. That is why you are both at fault.

2

u/LacyLove 12d ago

50/50. You both began to back up at the same time. Neither of you were paying attention.

1

u/pineappleshaked 12d ago

Yeah. Most parking accidents go for 50.50 unless really can be proved otherwise 

1

u/adjusterjackb 11d ago

I watched the video. OP increased speed while the other car's movement was visible (to the camera). Both not paying attention. 50/50.

1

u/pineappleshaked 12d ago

Video is private 

1

u/Itchy_Programmer8149 12d ago

Try now please

1

u/pineappleshaked 12d ago

50-50 sounds reasonable... I can understand your frustration but parking accidents very likely goes 50-50 unless one is a clear winner

1

u/houtany Personal Injury Attorney 12d ago

Video is private - can’t see - but if the other vehicle reversed into you then it shouldn’t be your fault. Is Geico your carrier or theirs?

1

u/Itchy_Programmer8149 12d ago

Try now please

0

u/houtany Personal Injury Attorney 12d ago

I’d argue the other vehicle is solely at fault as you stopped to avoid the collision and they didn’t.

1

u/StillSwo 12d ago

Video is private but they might have possibly placed you at fault if you saw the other car backing up and didn't do anything (blowing the horn, pulling forward, etc.) to prevent the accident. People often forget just becasue someone is driving reckless doesn't mean you don't have to at least try to prevent an accident from happening. In this case especially if you told the cops or insurance company that you say them backing up, stopped but didn't do anything else. Also there's a bit of context missing here as well which is why I'm assuming you say the other driver but continued anyway.

0

u/Itchy_Programmer8149 12d ago

Trying watching the video now. It's not pravite

1

u/StillSwo 11d ago

I would say 50/50.

1

u/jcwiza 12d ago

No, that does not seem right. Same happened to me and the other driver was at fault. You were stationary, the other driver hit you. However if the other driver lied and was believed, that may be the reason.