Am I liable in a hearsay fender bender?

Asked 5 months ago - Austin, TX

I was parked at a local business (private parking lot). Someone double-parked directly behind me, blocking me in. As they pulled out, I started to pull out. They slammed the brakes, and I dinged their bumper with mine. Police were not called, no insurance info exchanged, I was never sent an estimate, and now 2 months later they want me to pay for the repairs and take me to small claims court. Am I liable?

Attorney answers (6)

  1. Daragh John Carter

    Contributor Level 14

    3

    Lawyers agree

    Answered . Given that you were backing up and their only wrong seems to be double parking, I would say majority fault falls on you. Turn the claim over to your insurance carrier and let them investigate, and be prepared for them to gripe that you didn't promptly report the accident.

    Disclaimer: answers posted by attorney Daragh Carter to questions posted on AVVO are NOT privileged or... more
  2. Leroy Brenardo Scott

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Hearsay means someone testifies about something they did not actually witness themselves. If the driver witnessed you hitting his or her car, then that is not hearsay.

    I hope this information answers your question. If you need more information, simply add a comment or call me. Good... more
  3. Mark Allen Land

    Contributor Level 18

    Answered . You may well be found responsible for the accident. Either turn the matter over to your insurance company or hire a lawyer to negotiate the matter for you, and get the proper release.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You're likely both at fault, but report it to your insurance company to resolve.

  5. Richard Todd Rosenstein

    Contributor Level 19

    1

    Lawyer agrees

    Answered . You should turn the matter over to your own insurance for investigation and defense.

  6. David Ian Schoen

    Pro

    Contributor Level 20

    Answered . Yes. you are at fault, but I do not know what a "hearsay" fender bender means.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully... more

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