If you were moving in a forward direction you should be good to go. Hopefully it works out for you.. All though she admits fault; The insurance company may not....
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Yeah its a tough one.. In their perspective they could have thought she was still backing... Who knows???
Technically both parties are backing at the same time in the same direction... If one completes the act and is shifting to drive, does that mean that all fault is on the other driver because they didn't complete the "act of backing" before the other person?
IN other words, both parties failed to see each other backing....Just because one finishes it first doesn't mean they are free from carelessness.
It sucks... I know.. I'm just lucky I didn't have any damage to my suburban.
Oh I saw her, watched the whole thing, even was blowing on horn. . if I had moved to much she probably would have wiped out the whole side of the car. Putting us nearly parallel to each other.
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It's very important that you are absolutely clear on the following points.
1) You were stopped
2) You watched her the whole time
3) You were honking your horn, but couldn't move in time.
Stress each of those points at least twice.
I would have said. OFFICER , is it me or does anyone else smell alcohol. I don't mind if someone owns up to it. When they all fucky, gloves are off.
That can backfire on you. I've had people try that crap with me when I used to do auto claims. Granted, I'm not the cops though, but still.
"So there were three officers on scene, but you were the only one who smelled alcohol?"
Make sure you go after them for diminished value. You now have a accident on your carfax, it will lower the value of your vehicle and they are responsible for it.
They used to laugh at you and shut down diminished value pretty hard, but that is no longer the case, so definitely pursue.
Moral of the story: don't eat at McDonald's.