Auto insurance accident question

[married6242017]

So on 10/02, i was backing out of a parking spot, after making sure i had right of way, and a car coming from a far tried to speed up to beat me(?) before i could pull out all the way. Anyways he did manage to hit just the tip of the back of my car cause scuffs on my car and his. Was hesitant to give me his insurance but insisted i give him mines asap. My car insurance has been expired since August. But i still handed it over so he could have my information. (He didnt know mines was expired bc i didn’t show the date) He then handed me an expired(also expired Aug. lol) but w a female name under the policy name. Definitely not HIS name. Police didnt want to come and said exchanging info was enough. The insurance company is now trying to reach out to me . Obviously i knew i cant do anything since mines is expired but he also handed me an insurance policy that he clearly was not covered under and was also expired. How should i handle this? I have accepted the L but im confused since thats not his insurance policy. And yes i have got insurance now lol

 

[resjudicata]

@married6242017 Just because a card is expired doesn't mean there isn't an active policy.

By the way... go get your own insurance.

 

[married6242017]

@resjudicata Yeah i have my own now. Even if it is active, he was not an insured driver. Thats what im confused about.

 

[resjudicata]

@married6242017 Not necessarily... most cards only list the named insured. There could be other drivers on it. In most states insurance follows the car, so he may not even need to be listed to be covered in an accident.

Either way if you are found ar fault no one of the other stuff matters.

 

[married6242017]

@resjudicata How would they be able to determine who was at fault ?

 

[resjudicata]

@married6242017 Their insursnce company will determine liability through their investigation. Yours, if you had one, would have done the same.

You're at the mercy of the other company.

 

[married6242017]

@resjudicata Well it wasnt too bad. You can just tell it was his car who scratched my car. It was literally only scuff marks left no dents or serious damage, do you think they could still make me pay a ton of money ?

 

[richgardner]

@married6242017 Where is the damage to his car? Unless it’s to the front bumper, you’re going to face a losing battle when it comes to liability.

 

[married6242017]

@richgardner He saw me pulling out from a far distance and literally pressed the gas but good thing i breaked fast enough to cause very minimal damage. It was on the right side of car only scuff marks no bents or dents in either car.

 

[married6242017]

@resjudicata Also their insurance company is calling, what should i say or should I even answer at all?

 

[resjudicata]

@married6242017 The truth

 

[mlshelton1975]

@married6242017

Even if it is active, he was not an insured driver.

You don't know that.

 

[married6242017]

@mlshelton1975 Well im going based off the policy he gave me which was not under his name nor was he listed as a covered driver

 

[nilsa]

@married6242017 You saw an insurance card, not the policy.

 

[mlshelton1975]

@married6242017 That means nothing.

 

[married6242017]

@nilsa Does the amount depend on damages?

 

[coolguy123]

@married6242017 Backing holds the greater duty for entering the roadway. Prove he was speeding? Dash cam? If no you’re probably majority at fault if not 100% at fault. Your insurance is to protect you and you can’t force the other insurance to repair your car or accept liability. Having no insurance on your car means no back up plan for your car in this scenario if they deny liability

 

[married6242017]

@coolguy123 If he is not under the policy, does it still apply?

 

[coolguy123]

@married6242017 Insurance follows the vehicle so unless he is excluded from the policy they would have applicable coverage. What I’m trying to say is that most likely the other insurance found you at fault. Backing holds the greater duty so majority of fault if not all is almost always on the backing car unless proof says otherwise. Nearly every single backing person I speak to says the other car was speeding. Unless you can prove it, it’s irrelevant information. If you don’t have coverage with your policy you are at the other insurances mercy for their liability decision

 

[married6242017]

@coolguy123 Thank you for explaining that to me . I understand now im not really pressed about them giving me money cause they literally only scuffed my car no damage. Do you think theyll make me pay his whole car ? Even tho I really didnt even cause any damage?