Who is responsible for your injuries and car damages if you only carry liability?
You are responsible for your own injuries and damages since you will never be able to prove that the other party is at fault without dash cam video or independent witnesses, and since you did not purchase collision insurance to repair your own car in the event of an accident.
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Clearly if someone deliberately backs into you then they're at fault. The difficulty is in proving that.
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The answer is it depends.
The problem with this type of an accident, though, is that in a great percentage of cases, the person who backs up into another vehicle will lie and say he or she was rear-ended. If you have no witnesses or video footage to prove that person wrong, then it is likely you will be found at fault for rear-ending the other vehicle.
If you were injured in the accident, your best bet to obtain the maximum settlement amount in this case is to consult with an attorney in your area to obtain a more specific answer and get all of your legal options before deciding what to do and then to ensure you have completed the necessary medical treatment. The attorney will also investigate all available coverages to ensure you have the maximum amount of coverage available to you. You may have some additional coverages on your own auto policy that can assist you of which you may not have been aware. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
Please do not message me for further advice. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling personal injury cases. I am active on AVVO and answer questions only as a public service at this point.
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This is a situation that is difficult to prove. If you don't have a dashcam video then you are relying on the driver of the other vehicle stating that put their vehicle in reverse and struck you. I would speak to a local attorney about this and you may also want to purchase a dashcam for your vehicle.
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