your insurance company's claims dept will/should set up two separate claims, with two different adjusters (the company i work for usually sends one to a different office as well)....each adjuster will independantly complete their own investigation, and come to an indepentant liablility decision then discuss this with the other/opposing adjuster, if they cannot reach an agreement it will usually go to a round table, with many reps, managers etc. involved listening to the evidence from each, then a decision will be made as to fault, percentages etc.......also some companys, if one insured hits another with same company ( i worked ten years for a company that had this in their policy) then both deductibles were waived....some kind of crazy benefit of ins wrecking with another insured in the same company hitting each other......they are the only company i knew of that did that (Shelter insurance company).......
Let your insurance company handle it. They do it all the time.
In most cases parking lots are private property and are not subject to street laws. Therefore, no insurance company will assume liability.
It depends on the type of insurance, the terms of the contract and the circumstances.
Anytime a vehicle is departing private property and entering a road, it must yield the right-of-way to traffic. The liability is with the backing driver until the backing vehicle is fully into the road. The vehicle already in the road must still take all prudent steps to avoid a collision where possible. If either vehicle is operated in an unsafe manner, the liability will be assigned accordingly.
BOTH drivers are at fault for backing without caution. If the accident occurred in a driveway on private property, no ticket was probably issued. Turn it over to your insurance companies.
if i was backing out of my own driveway and slid on ice and hit a relatives car will my insurance go up
Liability coverage extends from the vehicle that is pulling a trailer, boat, or camper. This means if you are backing up in a parking area and the camper hits another vehicle the liability coverage will cover the damage to the other vehicle. Even if you are going down the road and the trailer comes loose the liability is still attached to the trailer and damage it does to another persons property is covered by liability from the vehicle that it was attached to. The kicker is that damage to the trailer itself is not covered by the vehicle pulling it. You would have to have a policy on the trailer itself for physical damage coverage to cover damage to the trailer.
You are simply because you have more responsibility when backing up to make sure it it clear.I found this out when backing out of driveway(mine) and someone turning in hit me.The insurance paid (we both had the same company) but cancelled my insurance.Alfa
The two insurance companies are going to bicker back and forth about this. The speeding car certainly shares in the fault. The person backing out might, as well, if they were inattentive.
If both parties are backing and both admit that they are backing, the fault lies with both drivers. The point of impact on each vehicle would be used to determine who was mostly out of the parking space and a percentage would be assinged to each person. If you both hit each other rear bumper to rear bumper, it would likely be 50%. How much you are able to recover from the other insurance company depends on what state you are in. In some states, you would recover nothing, some states you would recover 50% and the other party would recover the same from your policy. As a claims liability adjuster for several years, I can assure you there are very few parking lot accidents in which both drivers admit they were backing. Your insurance company would have to complete an investigation to gather facts and determine if they have enough evidence to support either driver's version of the accident. An independent eyewitness (NOT a passenger in either of the vehicles) can usually clear things up quickly. Also check with the store where the accident happened and verify if they have videotape of the parking lot. Many do and liability can easily be determined with a video of the accident. If there is no tape, no eyewitness, the points of impact do not reveal anything and both driver's are saying they were not backing at the time of impact, it would be a word versus word dispute and each would file with his own insurance company.
They have the right of way. Even if they hit you on purpose insurance companies favor the car already in the lane.
Both of you. Neither driver was watching where they were backing. The ultimate fault will be determined based on the police report and an investigation.