Whose fault?

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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...

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UPDATED: Aug 31, 2011

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Insurance Question from Boston Heights, OH

Asked on 08/31/2011

Whose fault? After checking rear view mirrors & blind spots, my daughter pulled out of school parking space & hit another car driving by in the rear quarter panel. They exchanged names & numbers but other driver didn't want to call police & took off immediately.

Answer given on September 03, 2011

If your daughter was backing out of a parking space, and struck a car going by, your daughter is most likely responsible for the accident. While she did check her mirrors, it is still her responsibility to continue to watch while backing out.The police most likely would not have come out to investigate the accident if there were no injuries. The other party may have had an appointment, therefore didn’t want to remain on scene and since they did exchange insurance information, there was no law broken.If there was damage to your car, you should get an estimate to see if the damages are more than your collision deductible. If so, you may want to consider reporting the claim to your insurance company. If there are no damges, you might report the claim as information only, in case the other party calls you about the damages to their car. They could also come back and claim injuries, so it is in your best interest to notify your agent or company of the incident.

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