soppossed you were parked next to your friend. You go to back up first. when you are behind his car at a stand still while you are shifting gears, he puts his SUV in reverse and backs up into you.... would you consider this his fault or yours... assuming that it is his fault and then he even says i didnt see you there and all the excuses... would you expect him to pay for the full repair or only half the repair... what would you do if he felt he had to only pay half... would you screw him even if he was a friend...

What would you do if this was you in your R...

 

if he was at fault, a real friend would admit this and pay for it all.

yoshi - who would pay if he's at fault

 

I would get new friends...

 

Ditto what Yoshi said. If he's a REAL FRIEND, then he would admit his fault and OFFER to pay for the mistake. If he/she just says sorry and does nothing, then you should re-consider your friendship. Money should be taken care of very seriously between friends. Also, if you can, don't let your best friend be involved in your money situation... money will ruin your friendship.

 

you could be shifting gears or driving or sitting on the hood, if they physically bump you there is no way it could be your fault (unless you are illegally parked, etc)

As said, if he was a true friend, he would OFFER to pay, if not, he's not worth having as a friend and you should take the proper steps to get him to pay for it.

 

he should pay in full and not go through insurance

 

I agree with the comments above, the friend should pay out of his/her own pocket.

Legally: In AZ, parkinglot accidents are 50/50. Each person has to pay half of the other person's repair bill no matter who is at fault. Don't know about NY. Remember in most states that parking lots are considered private property, so the state/city traffic laws don't always apply.

 

If he/she is reversing and you are at a standstill - they are at fault - not you. Same goes for turning vs going in a straight line - the person turning would be at fault.

Why didn't you honk your horn?

 

First off, sorry this is so long, but it IS relevant....

But you have to keep in mind that if the "owners" of the property allow the police patrol there, all traffic laws apply.

for example, I live in a gated community (Ok, so in FL who doesn't ...I was talking w/ an officer who was sitting in my community. there was apparently someone in here constantly doing 60 MPH in a 25 zone. They set up a device that tracked speed and times encountered. It followed a pattern, hence the reason he was sitting there.

Now for the relevant part. He said that our community is private, but the association (most do this) give the township police, in writing, the permission to patrol the area. Without this, not much can be done, but he said there is like one or two places in the county that didn't do this. Who doesn't want their property to be safe? not too many.

This may be true in other states and in other instances, ie parking lots....

I would contact your local authorities concerning this too see, as it may play a part if your "friend" isn't willing to pay and you need to go to court...you will have an easier time winning if you have all of the info.

 

I just went through this, though the person was a complete stranger (female). I was 80% of the way out when she decided to back out without looking. There was nothing more than a scratch on her car, while my bumper was completely cracked on the right side. It is considered 50/50, EVENTHOUGH I was nearly all the way out. Since it was in a public parking lot at a store, it is private property and the police will not come out and determine fault.

In your case, the key is that you say you were completely stopped. In that case, the other person is considered at fault by most insurance companies, depending on exact circumstances.

I simply went to my insurance, got my car repaired and they sent me a letter saying they would pursue her insurance to try to reimburse some or all of my deductible. That would be a plus, but that is why I pay insurance.

Your best bet is to get your "friend" to pay for some or all of your deductible and have it taken care of as a hit and run so that it does no go on either of your records, as it would be in their best interest to keep their rates from going through the roof.


[Modified by FBP_1171, 1:10 PM 8/9/2001]

 

make him pay... and all suv's should be banned from anything but dirt roads, where they belong. Keep them off the streets and never should a soccer mom be allowed to drive one.

 

Amen brotha... preach on. (My sub-division has 75% SUV rate... the worst looing one IMO is the Caddy Escarlasdlfkjaofj! Talk about a transformer looking chit.)

 

Sorry to say , but your friend is at fault. He/she is suppose to look and make sure everywhere is clear before backing up. And even if he didn't look he should of backed up slowly inorder to be safe. You need a new friend if he doesn't at least help you pay for half of it since it was his fault. You could also argue that his car hit you, because your car wasn't in motion yet. But good lucks. and i hope to avoid friends like that.


tjtruong

 

I did that to my buddy in my old SUV. I ponied up and paid for the repair.

 

Realy friends don't have those issues. So
A. You guys are not real friends.
B. You guys are not real friends.

Turn it into the insurance get it fixed.

 

heh..
I'm with Yoshi....buuut....if you have full coverage, use it! (you didnt hear this from me though!)
you can always say your car was hit in some parking lot while you were working or something to that effect. =/

..from your situation at hand, it seems it's your friends fault.
They say in traffic school that reversing a car should be avoided if all possible - and I guess this is why they say that - for simple accidents like this one. But he backed into you....so its his fault.

 

If you have full coverage and you claim on it saying someone else hit you and ran you will need a police report and your rate will go up after all is said and done, because your insurance company is paying out of there pocket to fix your damages.

 

Hmmmm, dont know if the Hit and Run would work. I was involved in a Hit and Run, bastards did a number on my 55 Chevy. The sheriff came out, determined it was a hit and run, but my insurance wouldnt cover it. I even had insurance for non-insured motorists, they said Id have to show proof that the bonehead who hit me didnt have insurance. So I ended up paying for the damage out of my pocket. I dont have some crap insurance either, I have All State full coverage.

 

"would you expect him to pay for the full repair or only half the repair... what would you do if he felt he had to only pay half... would you screw him even if he was a friend..."


Make him pay for all of it. It shouldn't even be an issue.

 

I think that would be a "comprehensive" claim - the same as if your car was vandalized.

 

Shoot him in the head so he doesn't do it again.

 

I got screwed on one of those deals...I was going straight, lady turning did not see me and bam...hit me hard on my drivers side front wheel...bent the axles, radiator, coolant reservoir...luckily it wasn't my ITR....

Insurance company said it was a 50-50 situation...I fought it and got more than what insurance should have paid me in the first place

 

depends on how good of a friend he is....lol.....hate to say it, but if I just met the guy a few weeks or months ago...I'd get him for the whole repair...plus some...but thats just me

 

Just get it repaired and stay away from people that drive SUV's.... that'll learn you a lesson....

 

hrmm
my rates didnt' go up though.