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Am I 100% liable for this accident?
I drove along a cul de sac and turned up the hill to reverse back onto the road. I checked my mirror twice and looked over my shoulder and there were no vechiles coming. Then a car with a young boy driving skidded up behind me and I slightly hit his car having said that he was balancing a tray off McDonalds drinks on his lap and drinking one through a straw when he came up behind me.
I have a witness who saw him speeding up the road not paying attention he says he was busy trying to get the straw of his drink in his mouth and had his music blaring. As he is a friend of the boy's family he wont be named as a witness, he was the only witness there was no one else around although the boy now claims he has witnesses and refuses to give us his insurance details although he has ours.
Well, there is not enough information here to attribute fault. As you know, all drivers have duties, please see: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html
If you were completely stop, you have a better chance of not having any liability on this accident.
Regarding the witness, insurance companies argue that a witness must be “independent.” That the witness should not know any of the parties, or their testimony is not admissible.
However, a witness is a witness, even if it is not reliable or believable. A judge or a jury will listen to the testimony and determine if the witness is believable or not. It is up to them to decide this and the adjuster. Try to see if you can get them to consider this.
For more information about fault, please see: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html
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