Immediate Actions:
1. Assess injuries: Check yourself and anyone else involved for injuries. If there are serious injuries, call emergency services (911 or your local equivalent) immediately.
2. Call the police: Even if injuries are minor, call the police. A police report is crucial for insurance purposes and establishing liability. They will investigate the accident and document the scene.
3. Get information: Exchange information with the other driver, including their name, address, phone number, driver's license number, insurance company, and policy number. Note their license plate number as well. If possible, get the contact information of any witnesses.
4. Document the scene: Take photos and videos of the damage to both vehicles, the scene of the accident (including road conditions), and any visible injuries. If you can safely do so, note the position of the vehicles and any skid marks.
5. Seek medical attention: Even if you don't feel injured immediately, seek medical attention. Some injuries may not be immediately apparent.
After the Immediate Actions:
* Contact your insurance company: Report the accident to your insurance company as soon as possible. Provide them with all the information you gathered.
* Keep records: Keep copies of all police reports, medical records, photos, and any other relevant documentation.
* Consult a lawyer (if necessary): If the other driver disputes fault, you have significant injuries, or the insurance process becomes difficult, consider consulting with a personal injury lawyer.
Liability:
Liability in this scenario depends on the specific circumstances. Generally, the driver who hits you will be at fault, especially if they were backing into your driveway and hit you. However, contributing factors like your actions, visibility, or the driver's inattentiveness will be considered. The police report will likely address liability, but this is not legally binding. Your insurance company and potentially the courts will ultimately determine fault.
Important Considerations:
* Your own insurance: Regardless of fault, your insurance company may cover your medical expenses and vehicle repairs (depending on your policy coverage). You might still have to deal with the other driver’s insurance, potentially going to arbitration.
* Witness statements: If there were witnesses, obtain their contact information and statements as soon as possible.
* Dashcam footage: If you have a dashcam, the footage could be invaluable in establishing liability.
This situation underscores the importance of comprehensive car insurance and the need to take precautions while backing up your vehicle. Always check your surroundings carefully before reversing and be aware of pedestrians and other vehicles.
