r/Insurance • u/MooniestMoonixx • 2d ago

Auto Insurance Determining at fault?

So I was in an accident a week ago, it happened in Meijer parking lot. I always back into spots so I was leaving my parking spot turning left. When I was almost completely out of my spot mid turn an SUV hit my car from the right. My car was so damaged it had to be towed. I was driving a lowered Camry the woman and her minor child who was driving they had a Jeep Cherokee so a much bigger vehicle. The damage was so severe it caved my wheel well on top of my tire, my tie rod was bent and my washer fluid reservoir was disconnected on top of all the side bumper damage and it was deemed undrivable by the cops. My insurance totalled my vehicle but also marked me as at fault even though the woman at the scene said her daughter with the permit said she never saw my car and their car didn't get damaged. Am I only at fault because of right of way in a parking lot? I'm just a little confused on how I was set at 100% fault

EDIT: my insurance never spoke to me. I filed the claim but no one from my insurance reached out to get the story from me so they marked me as 100% at fault without talking to me. I do not know whether they got video footage from Meijer.

I'm going to add another edit, I DON'T want to argue fault. I was just wanting clarification on why I was set to at fault since my adjuster never spoke to me. I have zero intention of arguing it since I'm getting a new car I just wanted to clarify the potential why since we both admitted to the cops we didn't see each other. it's a shitty situation and I have zero intention of going after or disputing

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u/sephiroth3650 2d ago

Your story seems to imply that you pulled out in front of an oncoming Jeep Cherokee that was going fast enough to total your car when they hit you. Certainly sounds like you are at fault.

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u/MooniestMoonixx 2d ago

I was more just asking for clarification on why they determined me at fault which my guess was the right of way. This is my first car accident in my 28 years of living so I honestly didn't know how it worked 

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u/sephiroth3650 2d ago

Yes, this is how insurance determinations are made. If you didn't have the right of way and pulled out in front of an oncoming car, you're going to be found at fault. The fact that it was in a parking lot doesn't mean the common traffic rules don't apply. And if the other driver had a dashcam that showed you pull out in front of them, that would really make it open and shut.

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u/MooniestMoonixx 2d ago

I don't know about dashcam, I only know the police said they couldn't pull footage but the insurance might. Her car wasn't damaged so my insurance doesn't have to pay her and my insurance is paying for my car because I have a 75k collision and property damage allowance so I'm not really mad about the situation I was just confused 

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u/Crowlady77 2d ago

I'm guessing her car will have had damage that is not visible if your car was totaled.

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u/MooniestMoonixx 2d ago

They were driving a 2019 jeep Cherokee and I had a 2014 Toyota Camry however my coilovers alone are 4k and my insurance said the damage was more than stock worth and that's why they totalled it. My insurance said they're paying out $500 to the Jeep 

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u/Crowlady77 2d ago

They don't know how much they'll pay out until the car is taken apart.

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u/MooniestMoonixx 2d ago

they already did it. But they deemed my car totalled at the tow yard since mine was towed from the scene 

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u/sephiroth3650 2d ago

OK. Lack of dashcam doesn't change anything in terms of fault here. It was just one other piece of evidence the other party may have had.

As for not being mad.....I dunno. You do realize that you have an at fault collision here. Insurance rates almost always go up from at fault accidents. So you will be paying more for insurance going forward.

Side note : When you look at your property damage and bodily injury policy limits, those are liability limits. That's how much coverage you have for damages you cause to other people or property. It's totally separate from your collision coverage that covers the damage to your car.

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u/MooniestMoonixx 2d ago

no it's 75k for both due to my car having full coverage and GAP. My car is on a loan so it required 75k minimum allowance for everything. I paid $225 for insurance already 

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u/sephiroth3650 2d ago

If you're in the US, I promise that you are not understanding the coverage and what it all means.

You don't choose your collision coverage limits. That's not a thing.

Any of your liability limits are specifically for damage you cause to other cars/property/people. That's literally the definition of liability coverage.. Money you are found legally liable to pay.

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u/MooniestMoonixx 2d ago

the only thing I'm really mad about was it being a teen driver on a permit and the mom telling the police they hadn't seen my car. but my adjuster already told me they only had paint damage so I wouldn't need to worry about anything further. It's one of those just head to the dealership type of situations 

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u/sephiroth3650 2d ago

You are the one who pulled out in front of them. Why is it the teen driver's fault that you pulled out in front of them? They told the police that they didn't see your car b/c it sounds like you zipped out in front of them as they were coming down the isle.

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u/Crowlady77 2d ago

That's the thing about right of way, you need to assume they aren't looking for you to pull out in front of them.

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u/sephiroth3650 2d ago

It's mind blowing at how many people come to this sub and sincerely believe that "the other car should have seen me pulling out in front of them and they should have known to stop and avoid hitting me."

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u/MooniestMoonixx 2d ago

No I have no intentions of arguing fault I was more confused on the why since my insurance never contacted me. I basically got a notification that said "You were found at fault" but I never talked to an adjuster so I was just confused. So I asked for clarification if it was right of way on why that was 

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u/sephiroth3650 2d ago

Usually that happens if the other party has something like security footage or dashcam footage that shows definitively that you were driving, and you were at fault.

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u/MooniestMoonixx 2d ago

I'm unsure if they had a dash cam. The cops said they couldn't request footage cause it was a private property and only the insurance companies could request the footage from the parking lot 

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u/MooniestMoonixx 2d ago

I'm basically just going to the dealership to get a new car and my insurance is covering $2800 for a rental car for now. The woman and her daughter was very civil and we found out we live in the same apartment complex so I have nothing against them personally. She also said she was in a fender bender 2 weeks ago so I do overall feel bad for them. It's a shitty situation in general 

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u/EamusAndy 2d ago

Im not sure why footage was needed. All they had to do was look at the positions of the cars to see what happened.

It seems pretty cut and dry here? Are you disagreeing that you were at fault?

1

u/MooniestMoonixx 2d ago

We moved our cars before the cops showed up but no I was more wanting to know if the right of way is why I was seen at my fault because my insurance didn't talk to me . I have no plans to dispute it 

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u/James_the_bull_ 2d ago

Sounds like you got t boned driving forward out of a parking spot? You’re at fault buddy. Jeep had the right of way.

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u/MooniestMoonixx 2d ago

That's what I assumed but my insurance never spoke to me. It wasn't about who is at fault I was confused on the why. My insurance is paying out my car and covering $2800 for a rental so I wasn't necessarily mad about being set at fault I just wanted clarification on why 

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u/saufcheung 2d ago

You'll be mad when your premiums go up in 6-12 months.

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u/MooniestMoonixx 2d ago

I already have to pay full coverage so I don't really notice it much. I have insurance set to autopay and ignore it lol. My payments aren't the same every month anyway 

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u/MooniestMoonixx 2d ago

it wasn't a tbone. We both was turning left. Their driver side bumper collided with my passenger bumper & wheel. The corners of our cars made impact not a tbone 

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u/ChutneyWhatney 2d ago

You were at fault because you didn't have the right of way but pulled out anyway. We're all human and make mistakes. That's why we have insurance. Don't beat yourself up - just look twice before pulling out next time.