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If the insurance company tries to say I'm at fault what can I do to fight it?

Fort Worth, TX |

I was recently in an accident about two days ago. I was backing out of my grandmothers driveway slowly onto the street about to put it in drive when a car slammed into my backside. When I was backing out I seen no cars coming so I was shocked when she hit me. 3 neighbors outside witnessed everything and helped me out my car. I asked what happened and they said she pulled out of a driveway a few houses down and just sped down the street she tried to swerve around you but the streets are to narrow. All damages are on my drivers backside. The police were called immediately and when they took our statements she tried to say I backed into her. What can I do if within the investigation her insurance company tries to say its my fault?

Attorney Answers 7


  1. You can and should go see a lawyer while the facts are fresh. Statements can be taken from the neighbors that support you while their memory is fresh. You are wise to suspect that you may be blamed. This is why you need a lawyer to help guide you through this process. A consultation with a qualified lawyer should not cost you anything. I hope this is helpful.

    This answer and all answers and information I provide on Avvo are intended to provide general information only and not specific legal advice. This answer does not create any attorney client relationship. I hope you find the information helpful.


  2. It is not shocking that her insurance company wants to lay total blame at your feet. If they paid for the repairs to her car, they want to get all of their money back, which would require a finding that you are totally at fault. You are not required to agree with her insurance company and, in fact, should not even be talking with them. If not already done, report this accident to your insurance company and they will represent you under the liability provisions of your policy. If you were injured consult with an attorney of your choosing. Having said all of the above, don't be shocked if you are held some percentage at fault, as the burden is always on the vehicle coming out of a driveway to give the right of way to traffic on the roadway being entered. However, your story implies some fault to be on the other driver as well. Good Luck.


  3. There are many things that need to be done. If you were hurt, you need to get a lawyer to take witness statements, etc. If you were not hurt, then you can basically turn everything over to your insurance company to handle on your behalf.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.


  4. You need to refer this matter to your insurance company. If anyone tries to blame you for a car accident, then your insurance company will handle the claim and provide you with a legal defense, if necessary. Do not delay in reporting this matter to your insurance company. As for the allegations that the accident was your fault, I'm afraid you might have a hard time on that issue. If you are exiting a private drive onto a public roadway, you are required to yield the right of way. It might be relevant that the other person was "speeding" but that issue would be hard to prove since "speeding" is very subjective.


  5. Simply report it to your insurance company to resolve.


  6. Hire a lawyer. Based on your answer the insurance company is going to blame you and deny liability.

    Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. Mr. Crockett is licensed in Texas in Illinois only.


  7. You are probably correct in your assumption the other insurer will claim you were at fault in causing the accident. Motorists owe a duty of care when exiting a driveway into a public road. Nevertheless, any approaching motorist also has a duty of care to maintian a proper lookout and to take appropriate corrective action to avoid a collision. You should report the matter to your insurer immediately and see a lawyer before providing the other insurer with a statement of how the accident occured.