Someone backed into my car at an intersection. Should their insurance be legally required to pay 100%?

Free Insurance Quote Comparison

secured lock Secured with SHA-256 Encryption

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: Oct 25, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Insurance Question from Kansas City, KS

Asked on 10/25/2012

Someone backed into my car at an intersection. Should their insurance be legally required to pay 100%? I was involved in an accident a couple weeks ago where a driver put his car in reverse in a left turn lane and hit my car, despite me honking my horn wildly. I was completely stopped, but he told his insurance company he wasn't sure if I hit him or he hit me. He did, however, admit to going in reverse. I'm under the impression that since he was going the wrong way, it doesn't matter who hit who, even though he hit me. His insurance company is refusing to pay, saying it's my word against his. Are they legally required to pay since he was breaking a traffic law that caused the accident?

Answer given on October 25, 2012

An auto accident involving a driver who is backing up is very difficult to determine fault. You indicate that you were stopped, but if the other driver told his insurance company that you may have struck him by moving forward, makes the incident difficult to determine fault.You can submit the claim to your insurance company, if the damage is over your deductible. They will pay for your damage and will then go against the other insurance company for reimburement of the damages. If they are successful you will get your deductible back. However, there is no guarantee of them being successful since the other company is taking their insured’s word for the cause of the accident. However, since he admitted he was backing up, your insurance company may be successful.If your damage is below the deductible you can try to file a claim in small claims court against the driver. If you succeed, then his insurance company will have to pay you for the damages awarded by the court.

IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and AS IS. It has not necessarily been reviewed by the management staff of nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on to represent you.

Free Insurance Quote Comparison

Enter your ZIP code below to compare cheap insurance rates.

secured lock Secured with SHA-256 Encryption