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I was at a gas station filling up my boat that was on a trailer behind my truck. My friend was supposed to meet me at the boat dock but instead pulled up right behind my boat. I could not see them pull up or see them get behind me. When I started to back up she honked, I stopped, looked around, & then kept backing up. then she honked again & I stopped. I got out to see what was going on & she was right behind me, with the bottom of the boat engine on her hood. I could not see anything at all from my mirrors or looking behind me. She was not in a parking space. She was parked directly behind my boat in the middle of the parking lot. I could not pull out any other way except backing out from the pump. Who would be at fault?

We are not legal adjusters or law enforcement. Insurance companies typically don't try to find fault in these situations, but rather determine which coverage would apply to the claim.

From what you explained, it would appear that you would be at fault in this situation, but again we aren't an authority in this determination. The police officer and/or court judge would make that determination if the state is ticketing you with the accident.

State laws differ but in general the insurer tries to determine which driver is at fault in an accident. This typically means that an insurance adjuster does have the right to disagree with a police report and determine fault in a different manner.

An adjuster's investigation and determination of the claim usually takes into account both drivers' recollection of the accident and the damage of both vehicles. Many times a claims adjuster's findings will agree with the accident report but there are times when it does not and they assign blame differently then the police.

Some states use comparative negligence, where fault isn't assigned to one or the other, but distributed between all parties.

If you are in need or insurance for your boat or other water craft you can contact our partner Safeco by following the above link or by calling 1-800-936-0356.

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This car insurance question was asked on 10/18/2006
This auto insurance answer was last updated on 3/9/2007
David F requested this car insurance solution.
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