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Car Accident: I need an informative and intelligent answer?

I find it irrational that when one is backing up and an accident happened, the person backing up is always at fault no matter what the circumstances is. There are times that some drivers are taking advantage of this situation and someone could just go behind that car intentionally and play innocent and claim from the insurance company. Is there any incident that you know where the person backing up won the case? What if the person backing up was cut from behind? How can you explain this to the insurance company when you know that once they learned that you were backing up when this happened, you're already at fault?

Public Comments

1. You would have to prove that the other driver was going at an excessive speed or swerved into your lane or insurance fraud.
2. Sure. The backer is not always 50% or greater at fault. If you are backing and you are struck on the left or right quarter panel, chances are the other party could have avoided the loss. However, if you backed into a moving vehicle and broadsided them, of course you are more than 50% at fault.
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