Auto accident: who is at fault?

[nickmckinney]

I work in insurance, first you need to ask for the adjuster's manager to review their liability decision. There should be 2 claim numbers and 2 seperate adjusters since you both are with the same company, no way both can agree to this crap.

You then need to call the Insurance Commission in your state and file would be called here a "civil remedy" if none of the above works.

No way a vehicle backing out has the right away to oncoming traffic IMHO.

If there is a solid line on that road that they had to cross to pull into the street, then your case is already won, and this is all you need to argue.

 

[ediamiam]

"Just wondering, even if they "forgive" you how long will this stay in your record? I am sure they will be "aware" of your accident record for x number of years when a new insurance company give you a new quote right?"

I think when your MVR (motor vehicle record) is pulled from CA's DMV by the insurance company, that the accident will be reflected in your records for 3 years. It will show as an 'at fault' in CA. If it was actually AAA that made the determination you were at fault, I would tell them to stick it and shop for insurance elsewhere. The 'at fault' accident may affect your dad getting a preferred rate elsewhere though.