warm-vole-1025/10/2026

Got hit pulling out of a street spot — am I automatically at fault even if they were flying?

Okay so I need to talk through this because I'm going absolutely crazy over it.

I was pulling out of a parallel spot on a side street — super slow area, residential, lots of foot traffic. I checked both directions multiple times before I even started moving. Nothing coming. Not even close.

Parallel parking exits take a minute, right? You inch forward, cut the wheel, reverse a little, repeat. The whole thing probably took me close to 15 seconds of slow back-and-forth maneuvering. My hazards were on the whole time.

Here's what gets me: the car that hit me came out of nowhere. Like, they were not visible when I started moving, and by the time they reached me they had to have been going way over the posted limit for that street. They barely even braked before impact — I could tell by how far they traveled after hitting me.

My front quarter panel took the hit. Their damage was on the side, which to me suggests they didn't even try to go around or slow down.

Now the other driver's insurance is pointing the finger entirely at me for "entering the roadway." I've been reading around and it seems like people leaving parking spots almost always take the blame, but that feels really wrong when the other person was clearly speeding on a slow residential street.

Has anyone dealt with this? Is there any world where fault gets shared here, or am I just stuck eating this?

9 replies

Most helpful first

patient-mole-2015/10/2026
I went through something almost identical last year. I was backing out of an angle spot in a neighborhood and got clipped by someone who was definitely not going the posted speed. Their insurer tried to put 100% on me too. We ended up with a shared fault finding after I pushed back hard and got a copy of the police report that noted the other driver's speed was 'inconsistent with posted limits.' Keep digging — it's worth it.
gentle-vole-3305/10/2026
Of course their insurance is blaming you — that's literally their opening move every single time. The adjuster's job is to minimize what they pay out. They're going to frame everything around 'failure to yield when entering the roadway' and hope you just accept it. Don't. Document everything, request all photos, and don't agree to anything in writing until you understand the full picture.
bold-otter-2985/10/2026
Worked claims for years. Here's the honest truth: yes, the default assumption favors the through-traffic driver. But it's not absolute. If there's any evidence of excessive speed — skid marks, distance traveled after impact, witness statements, traffic cam footage nearby — that absolutely gets factored into a comparative fault analysis. The '100% your fault' line is a starting position, not a final verdict. Push for a recorded statement from the other driver and ask specifically what their speed was.
- spry-hare-0145/10/2026
  I don't doubt your version of events, but I'm curious — was there a police report filed at the scene? And did anyone witness it? 'They came out of nowhere' is what both drivers say in pretty much every collision, so the physical evidence is going to matter a lot more than either person's account. What does the damage actually look like on both cars?
daring-newt-5755/10/2026
A few things worth doing right now if you haven't already: (1) get the official police or incident report and read it carefully for any speed notations, (2) go back to the scene and look for any cameras on businesses or homes nearby, (3) write down your account in as much detail as possible while it's fresh — timing, your hazards being on, how far they traveled post-impact. That last detail about stopping distance is actually meaningful because it can speak to their speed at the time of impact. All of that becomes useful if this goes further.
clear-grouse-4975/10/2026
Not legal advice, but this is the kind of situation where comparative negligence really matters. In a lot of states, fault doesn't have to be all-or-nothing. If the other driver was speeding on a residential street, that's negligence on their part too. The stop distance you're describing and the location of damage on both vehicles are the kind of physical evidence that can support that argument. Worth at least a free consult with a PI attorney before you accept anything.
hearty-wren-9265/10/2026
Go back to the street today and look for cameras. Restaurants, ring doorbells, parking garage entrances, ATMs — anything facing that direction. That footage disappears fast, sometimes within 48-72 hours. That's priority one. Everything else can wait a day; the video can't.
- cool-sparrow-2855/10/2026
  The fact that you're asking questions and not just rolling over is already a good sign. A lot of people in your position just accept the first thing the insurance company says because the whole process feels overwhelming. You clearly know something doesn't add up — trust that instinct and keep pushing.
brave-finch-8555/10/2026
How are you feeling physically? Sometimes the adrenaline masks soreness that shows up a day or two later — neck, shoulders, lower back especially. If anything feels off, even minor, please get checked out and make sure it's documented. Don't wait until it gets worse to mention it to a doctor.