Car Accident, Insurance Decided Both Party at Fault

Lfullmetal on 09/09/2016 - 11:21
Last edited 09/09/2016 - 15:31 by 1 other user

Hi Traffic/insurance experts,

I had an accident earlier of the week with a car in a parking lot. I need some advice on what I should do. I (green car) was reversing at a one-way parking lot because I overshot a parking spot, I hit the back of the red car reversing out. I was shocked as this is my first car accident. I think I am wrong, I provided all the information and apply for the insurance claim stating that I was the car that caused the damage. After further consideration by the insurance company, they determine that both parties are at fault. And said they would not pay for any repair.

Obviously, the party is not happy, the cost of their repair quoted is more than $4k. I can't afford that much money and I still have to pay for my own repair as I only have 3rd party property damage insurance. I am afraid that the other party might get aggressive as he has all my driver licence details. I am not sure what to do now.

Any advice??? Thank you.

Pardon, my poor illustration.

Update: the guy contacted me and asked for a private settlement for a much lower repair cost which I can afford.

• 

  [Deactivated] on 09/09/2016 - 11:23

  +1

  You're at fault. Insurance companies are money hungry dogs.

• 

  ykwon10 on 09/09/2016 - 11:27

  As I driver, I would say you are at fault. However, in the insurance point of view, they normally deem any cars reversing in a carpark to be at fault. In this case, both of you at fault.

  • 

    fullmetal on 09/09/2016 - 11:31

    I understand I was at fault. I am not sure what to do now when my insurance doesn't want to pay the other party.

    • 

      ClintonL on 09/09/2016 - 11:38

      +2

      Don't think you're under any legal obligation to pay them then. If they have insurance can they put a claim through their company who will then go after yours is probably the best bet.
      Failing that all you can do is hope they're not vengeful.

      • 

        fullmetal on 09/09/2016 - 11:45

        We are under the same insurance company. So I assumed that they review both insurance claims to come to conclusion.

      • 

        ClintonL on 09/09/2016 - 11:47

        @fullmetal87:

        Does he have comprehensive? If so you could decide to pay his excess (although his premiums will be shooting up still).

      • 

        fullmetal on 09/09/2016 - 12:35

        @Clinton:

        The person contacted me asking for a private settlement now. Saying there is a cheaper way to fix the problem. He is now asking me how much I would pay.

      • 

        [Deactivated] on 09/09/2016 - 13:55

        +5

        @fullmetal87:

        DO NOT DO THIS! Pay your insurance excess, it's what it's there for.

        If you disagree with your insurance company's findings, seek advice through the relevant ombudsman.

        Edit: "We are under the same insurance company. So I assumed that they review both insurance claims to come to conclusion."

        WHAT? This now makes even less sense. So the insurance company, who covers both drivers, says '50/50, we're not paying anybody?' Mate, there's definitely either something you're not telling us, or you've misunderstood.

      • 

        Ughhh on 10/09/2016 - 12:54

        @fullmetal87:

        The person contacted me asking for a private settlement now. Saying there is a cheaper way to fix the problem. He is now asking me how much I would pay.

        So he didn't mention anything about him paying a bit too? He wants you to pay for everything, even though the insurance says it's 50/50? He's trying to rip you off. Don't settle it privately, don't pay him a cent directly unless he's paying half of it too.

• 

  [Deactivated] on 09/09/2016 - 11:59

  Are you saying that the insurance company has determined equal fault and has refused to pay out?

  That's not how insurance works; with all due respect are you sure you understood correctly?

  Regardless of fault, one or both insurance parties will pay out unless there's a factor that deems your claim invalid (ie, excessive speeding, drink/drug driving, being unlicensed, evidence of fraudulent claims, etc.)

  • 

    fullmetal on 09/09/2016 - 12:36

    Yes, the insurance co deemed both our claims invalid saying that if the other party call just referred back to them.

    • 

      [Deactivated] on 09/09/2016 - 12:49

      Again, I mean no disrespect, but I think you've misunderstood.

      "You're both at fault, so refer to the other party's insurance company" is a contradictory statement. Furthermore, you were reversing the wrong way down a one-way street, which is clearly your fault. The other driver has no obligation to give way to a direction in which you weren't permitted to be travelling.

• 

  FloatingPoint on 09/09/2016 - 12:16

  +1

  they would not pay for any repair

  It does not sound right. Both parties are at fault means 50/50 liability for both parties. Does he/she have comprehensive?
  Your 3rd party insurance will cover 50% of the other party damage (50% of $4K), then the other party have to pay the the 50% on his/her own (unless he/she have comprehensive).
  Same for the other way around, insurance from the other party (3rd party/comprehensive) should cover 50% of your damage, and you pay the rest.

• 

  dazweeja on 09/09/2016 - 12:37

  The insurance company made a pretty standard determination on fault. Both reversing in a carpark, both partly at fault.

  The insurance company is wrong about payment though, your insurance pays half of his damages, his insurance pays half of yours. The other half of his damages is his problem (and may be covered by his insurance if it's comprehensive).

  You pay your insurance premiums for when you are in the wrong, and in this case you are 50% in the wrong.

• 

  [Deactivated] on 09/09/2016 - 14:11

  Pretty much any reversing car gives way to everyone, and forward rules or give ways don't magically apply in reverse. I think 50/50 is fair as OP can't look every direction. TBH I think the other car is slightly more at fault by reversing against a one way.

  • 

    redforever on 09/09/2016 - 18:47

    +1

    I think it was the OP that reversed against a one-way. The other car reversed to exit the car park.

    • 

      [Deactivated] on 09/09/2016 - 19:29

      Woops :) Cheers.

• 

  Diji1 on 09/09/2016 - 14:16

  Sounds like your insurance company is trying to scam the other party with the frankly retarded reason that both parties are at fault.

• 

  chumlee on 09/09/2016 - 18:54

  Don't pay the other party. He can make a claim on his insurance that's why he pays it.

  Car park reversing accidents generally are both parties at fault and both parties to make a claim on their own insurance

• 

  SJDR on 10/09/2016 - 13:08

  So you are both insured with the same insurance co.?

  They are 100% just trying to wriggle out of paying anyone a cent.
  Normally they would go the other persons insurance company for half but as that is also them they are telling you they won't pay.

  Tell your insurance company your next step is the Financial Ombudsman and watch them backflip to pay the claim instantly.

  Also which insurance company is it?
  I'll put along with Youi on the list to avoid.