I noticed that another vehicle almost behind me was starting to back out. I was almost out of my space, but I realized the the other person was not watching what she was doing. I honked the horn, but she never heard me. I started to change gears to move forward, so I could avoid being hit, but I couldn't do it fast enough.

Sorry to hear about your misfortune. Here, in South Africa, you have to report all accidents, even the smallest, to the nearest police station. That is an excellent way for you to make sure that the facts are recorded and stays on their books, for your insurer to be able to check the actual detail. You have 24 hours to report what happened and you get a docket no. for reference.. I hope you are OK. Regards, Susie.

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by stitchship 15 Jul 2011

Thanks you so much. Here you don't have to report it. They won't even come to a store parking lot. Which isn't good.

I'll have to wait and see what happens.

Glad you're ok. I hate backing out of parking spots now as so many cars are those huge SUV's and most cars seem to have those doggone darkened windows! You can't see around or thru them so you
S L O W L Y start creeping out to see if there's something coming! I hope you can prove you were not at fault.

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by stitchship 15 Jul 2011

Thank you so much, I hope so too.

Asked my husband as he is a 27 1/2 year retired State Trooper. He says you are both negligent. He states "improper backing" on both parts. He says even if you had called the police, they'd probably done a driver exchange and left it up to the insurance companies. If photos were taken at the point of impact, then the person most negligent is the one "least" into the travel lane. Good luck and I hope all works out for you.

FYI, I too did an exchange in an accident years ago and we both got tickets for leaving the scene of an accident. This happened on a county road.

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by stitchship 15 Jul 2011

I am amazed. Here, they will not come if it's a private parking area like a store or a mall. But there were a lot of witnesses, that saw it... I just did not get anyone's number.

Based on what you have said, I would say it's comparative negligence. I say this as a retired physical damage claims adjuster and supervisor. Sure would like to hear what she had to say. We have to constantly watch the crazy people at our Walmart parking lot. They don't look anymore, but will swear they did. Sometimes you just can't win. Good luck. Carol

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by stitchship 15 Jul 2011

Thanks, she knows she was at fault. My agent called to tell me that she woman wanted me to get an appraisal.

I already went to the shop we always go to, and they faxed their appraisal. I shall wait and see what happens.

I don't care how nice the person is I always call the police and make an accident report to the state too. I have been burned before and I learned my lesson the first time. They do take a report no matter hwere you are. Hope it works out for you. Suzanne

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by stitchship 13 Jul 2011

Good for you! Thanks I hope it does work out. I just don't want to file it with my insurance. I don't want it in my record.

The police won't usually do anything in this case, you were on private property. Like another cutie said, maybe you can see if there is video from the store but chances are your insurance is going to be the one to pay minus your deductible. They may try to get the money back from the other person's insurance, if they get it all they will then give you back your deductible. Good luck, glad you weren't hurt, cars can be fixed or replaced, you can not!

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by stitchship 13 Jul 2011

Thanks, that is the truth. We will see how it all turns out.

Thanks for sharing this experience, and it is a lesson learned. This same kind of experience in backing out has happened to me a few times, but thankfully with no collision. My insurance agent and husband have both told me to never admit guilt, but call for a police report, no matter how minor the physical damage to a vehicle, as one can later claim later they had severe physical personal injury, too.
I believe in your case a police report would have indicated both parties at fault, and each responsible for repairs to their own vehicle, and possibly no ticket given to either. Both backing out and striking rear bumpers would be a mutual lack of observance. Had you already backed out and turned to where she struck your vehicle anywhere on the side, then it would definitely be her fault.
Sorry for the stroke of bad luck, but just be thankful that there were no personal injuries, and that both of you, hopefully, have insurance to repair any damages. Forgive her for initially being upset about the incident and unthinkingly claiming guilt. I think she probably IS a NICE person, who later realized her error in judgment. She could have stated she was not at fault at all, yet she DID state it was both of you, not JUST you! This is just another case of "Life Happens", and, fortunately, something that can be fixed!
Angel

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by stitchship 13 Jul 2011

Well, the truth is that my vehicle was a bit turned when she hit so the bumper shows it. But I saw her lights come on, and start to back out, and never stop. Even when I was honking. But she never stopped.

I am going to ask the store to see if they have the recording of the accident. That will show that I was out long before she was, but when i saw her lights come on. I stopped moving so I could honk.

Similar situations have happened before, and I have always change shifts fast, and gone back into my parking space again.

People are just not being careful when they back out. So you got to make sure you are.

How terrible! As the owner of an average sized car-Saturn- I think SUV drivers need a driving course before they are allowed behind the wheel. And a parking lot of their own. They think they own the road.

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by stitchship 13 Jul 2011

I know what they mean. But I have noticed too many people back out without looking. I have actually stopped people from hitting others, by hoking my horn repeatedly. But this woman, never heard me.

Thank you; excellent advice.
*4u!
Hugs,
Jacqueline †

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by stitchship 13 Jul 2011

Thanks, I hope you never need to remember it.

Good advice.

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by stitchship 13 Jul 2011

I hope you never need to it.

thank you for the warning and sorry it happened to you! good thing you're okay. but it's a good advice to tell here. Years ago I had a same kind of situation and you feel so disappointed, I know. So here's an extra hug and thanks for you.

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by stitchship 13 Jul 2011

Thanks for the hug, we all need one! You are right. I was really disappointed, specially cause she too is supposed to be a Christian. Things will somehow work out.

So sorry this happened to you but pleased that you were not hurt in anyway. Thanks for the warning - not such a nice lady.....

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by stitchship 13 Jul 2011

Thanks, I hope she comes around. I've been praying about it.

Check to see if the parking lot has cameras. A lot in my area do. Good luck and I'm sorry this has happened to you.
Bev

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by stitchship 13 Jul 2011

I did call the store yesterday, but the person in charge was out of for the day. They told me that if the accident was close to the main door, that it might have been caught...

I think it was, so I will call later, when the store is open. Thanks

A very similar thing happened to me, the man that hit me, did not have insurance, not sure he had a license, police were called bu they would not make a report. The man gave me his phone #, a cell # and he said he was at fault acted like he would pay. He did not answer repeated phone calls, I filed with my insurance and turned it over to them, long story short I did all the things I should and he did nothing but I feel sure that he probably got license pulled and most likely his tag, Al law you have to have liability insurance. He told my insurance he wanted to settle but never did.

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by stitchship 13 Jul 2011

I'm so sorry this happened to you.

Sorry this happened to you and a good warning for all of us. Unfortuantely, in most places police won't do a report on private property, ie. parking lots so you probably did the best you could. Your insurance company can go after her and they will probably have better results than you will. Good luck!

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by stitchship 13 Jul 2011

That is what I heard. Thanks,

Sound advice.

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by stitchship 13 Jul 2011

Thanks

Ohhhh how awful for you :( I hope you get this sorted. xXx

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by stitchship 13 Jul 2011

Thank you, I hope so too.