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      02-11-2011, 05:52 PM   #35
eisenb11
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Drives: 2012 E92 M3 SSII
Join Date: Oct 2007
Location: Redondo Beach, CA, USA

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Quote:
Originally Posted by jeffnnj View Post
Same thing happened to me in my brand new '08 550i when I was sitting in a line of traffic waiting to exit a mall. For a moment I figured that it was so obvious that I could forgo a police report but decided it to call them just in case. It was clearly her fault as the report clearly stated. However, when it came time for her to report it to her insurance company, she said that she was backing up and I swerved around her making me partially, if not mostly, responsible. If I hadn't had the police report my insurance company could have reemed me for the accident. Instead, it was deemed 100% her fault and my policy was unaffected.
I was under the impression that if you're backing up, you don't have right of way no matter what. In that sense, it shouldn't matter even if you swerved behind her like she was claiming. It should still be her fault.
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