I Backed Into Another Car: Fault, Insurance and What to Do

If you backed into another car, expect to be treated as the at-fault driver. Your property damage liability coverage pays to repair the other car, and your own collision coverage, if you have it, pays for your car minus your deductible. The main exception is when the other car was also moving, for example two drivers reversing out of facing parking spaces, where fault is often shared.

Why the backing driver is usually at fault

Traffic laws put the burden on the person reversing, and several states use nearly identical words. New York's Vehicle and Traffic Law section 1211 says the driver of a vehicle shall not back it unless the movement can be made with safety and without interfering with other traffic. Washington's RCW 46.61.605 and Florida's section 316.1985 say the same thing. In Florida, a violation is a noncriminal traffic infraction punishable as a moving violation.

Insurance adjusters apply the same expectation whether the collision happened on a street, in a driveway or in a parking lot. A driver who is reversing has limited visibility and is expected to make sure the path is clear before moving. If the car you hit was parked, or stopped and waiting, there is rarely much to argue about.

Which coverage pays for what

Two parts of your policy are involved. The Texas Department of Insurance explains that liability coverage pays to repair the other driver's car if you caused the accident, and that collision coverage pays to repair or replace your car after an accident. California's Department of Insurance describes collision as covering damage to your car caused by physical contact with another vehicle or an object.

Liability claims do not carry a deductible for you. Collision claims do. The Texas guide gives a simple example: with a $1,500 collision claim and a $500 collision deductible, the company deducts $500 and pays $1,000. If you only carry liability, the other car is covered and your own repairs are yours to pay.

If the car you hit was parked and empty

You cannot simply drive away, even from a small dent. States set out what a driver must do after hitting an unattended vehicle. Florida's section 316.063 is typical: the driver must stop immediately, then either find and notify the owner or securely attach a written notice in a conspicuous place giving the driver's name and address and the registration number of the vehicle, and must notify the nearest police authority without unnecessary delay. Florida treats failing to do so as a second-degree misdemeanor.

Other states have their own versions and penalties, so check the rule where you live. The practical point is the same everywhere: leaving turns an ordinary insurance claim into a hit-and-run.

When fault may be shared

Fault is less clear when both cars were moving. Two drivers backing out at the same time, a car that sped down a parking aisle, or a driver who pulled behind you after you had started to reverse can all change the picture. California's Department of Insurance notes that in many accidents both drivers share the fault, and that the police, the insurance companies or the courts decide each driver's share of the responsibility.

Expect the two insurers to see it differently at first. The Texas Department of Insurance warns that another driver's company might say both drivers were at fault and want you to pay some of your costs. Evidence gathered at the scene is what moves that decision:

• Photos of both cars before they are moved, showing where each one is and where the damage is.
• Photos of the lane markings, signs and anything that blocked your view.
• Names and phone numbers of anyone who saw it happen.
• Dashcam or backup camera footage, and a note of any store or garage cameras that may have recorded it.
• The police report number, if officers responded.

What to do right after

• Stop, check whether anyone is hurt, and move out of traffic if the cars can be driven.
• Exchange names, contact details, insurance information and plate numbers with the other driver.
• If the other car is unattended, try to find the owner and leave a note with your details, then report it as your state requires.
• Take photos before leaving and write down the time and location.
• Tell your insurance company promptly, even if the other driver says not to bother.

Will your rates go up?

An at-fault accident can raise your premium. The Texas Department of Insurance says insurance companies will charge you more if you have had accidents or gotten tickets. Rules on how fault affects pricing differ by state. In California, for example, the Department of Insurance says that if the accident is not your fault your company does not charge you more, and that if you are at least 51 percent at fault your premium can go up when you renew.

For a small scrape it is reasonable to ask whether paying out of pocket makes more sense than a claim. That choice is easier when only your own car is damaged. When someone else's car is involved, tell your insurer about the accident either way, because the other driver can file a claim against you later and your company will want to have heard it from you first.

The bottom line: backing into another car is usually your fault, your liability coverage pays for their car and your collision coverage pays for yours. Stop, leave your information, document the scene, and report it promptly. If the other car was moving too, good photos and witnesses are what get the fault split fairly.