I do not practice in New York, but generally speaking, the person who is backing up is held to have the responsibility to give the right of way. There are not enough details about this accident and the specifics to change that perception. Whether it ultimately will be considered your fault will depend upon whether there are other facts not contained here to convince someone that she was in the wrong in trying to continue on the road at that time. Perhaps my colleagues will react differently to your facts, but this is my reaction.
JOYCE J. SWEINBERG ESQUIRE
Attorney at Law
105 A East Maple Avenue
Langhorne PA 19047
Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.
You should ask your agent how the company determines whether your premium will get a surcharge. Some companies will count it against you if you were more than 50% at fault. I cant predict what a judge, jury, or carrier may determine in your case. I could see a determination that it was 50/50.
if the amounts of damage to the cars are minimal, or about the same (Im assuming there is no injury claim), perhaps the other person will agree that you each walk away out of concern his ins could go up too.
Small claims court may be an option. I would suggest you get a consult with a local atty as well.
It sounds like a case where both drivers may be at fault. Much will depend upon how the police report, assuming there is one, was written. You should promptly notify your insurance company. They will review the police report, interview both drivers and any witnesses and make a determination as to fault with the insurance carrier for the other vehicle involved.
These comments are not intended to be legal advice. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship.
Sign up to receive a 3-part series of useful information and advice about personal injury law.