Learned something new about CT insurance

Took my 18' drive on trailer to the dealer for a hitch mod this fall. When I was leaving I had to back out onto a secondary road because the lot and normal exit was blocked. At the end of the driveway there was a small boat on a trailer parked to advertise shinkwrapping services. It was right at the end of the driveway so that if you were to back out to the end but not yet go into the road it would block your view up the street. As I went back down the driveway I got the trailer to the end and from there I could see up the road looking to my right. My line of sight was clear across the bow of the boat and I could see maybe 1500' up the road. I let two cars go and then it was clear so I started to back the trailer out, flashers on. I'm going maybe 2mph and as it gets a few feet out my sightline is now blocked but I felt ok because I had cleared the path for some distance. The trailer gets maybe 80% of the way into the road, a two lane residential/commercial area and there is a huge collision. I mean it was LOUD! I stop, jump out and see a car sitting 70' down the road that had just rammed the trailer from behind. The jolt was pretty hard but I'm looking at my trailer and truck and then over to her car and a girl getts out of an Acura on her cell. I couldn't believe she was on the phone as she was getting out. I mean her car had been stopped for 3-4 seconds and she's opening the door and talking on a cell. It seemed to me she must have been on the cell when she hit me. There were no brake marks at at. She must have seen the trailer at the last second because she swerved left which then basically put her on the center yellow line and her right front hit my left rear of the trailer. She ended up driving up on the trailer destroying the entire right side of her car as it first collided with the trailer rearend and then going up onto it before basically getting launched off the thing. Witnesses said she went 15' in the air, doubt that but I guess it looked pretty high. She landed 70' down the road now in the opposing lane and really wrecked. Right front, radiator, entire right side including both wheels mangled, smashed windshield and two air bags deployed. The left rear of my trailer had a smashed tail light and that side was bent down an inch, nothing else besides a big hit being absorbed and tranmitted through to the truck. Very loud and it felt bad but not much visible damage. Here's the learning part. Cop comes and looks it all over. Her car is totalled, mine is minor. They flat bed hers away and I pull back into the trailer place for a new light and hitch. The cop comes over to me later and says he is not going to ticket either one of us. He says "she is totaled and you need a tail light, lets call it a day. Are you ok with that?" What am I supposed to say. I told him she had to be going 60mph AND not looking (no brakes at all) but if that's what he thinks, ok. I didn't call my insurance because I knew ANY report goes on your record and will not help your rates and I had so little damage. Now, as it turns out, her company called mine and they want my company to pay the cost of her totaled car. My company is defending me but the bottom line is I now have a reportable accident. The deal in Connecticut is that if one person is not assigned 51% of the blame, ie one person needs to get a ticket, than you can be liable. Now I'm not saying she was 100% but she sure was way more that 51% responsible. She covered well in excess of 1000' while an 18' trailer with flashers on was entering the road in front of her and never reacted short of a quick jink left at the last second. Seems like a rotten deal so far but do to the quirks of assigning responsibility I have learned to be more cautious, post a road guard etc. I believe she should have had a speeding ticket at the least and me a warning but he cop felt she had paid for her speeding with a totaled car. Turns out it doesn't work that way.

2 words.....LAZY COP.

Your insurance company should pull her cell phone records to prove she was talking on the phone while driving.

Insurance companies are awful. Good luck.

I gew up with the knowledge that if anyone rear-ended you for any reason, even if you were pushed into another car from behind, they were at fault. That is why we are suppose to give ample distrance between the car in front of us in case they jam their brakes on or hit something and come to a stop, or someone hit you from behind and pushes you into the car in front of you. Am I missing something as she clearly hit the trailer that was in front of her? They are not cliaming that she was standing still and you backed into her causing her car to flip over? WTF?

teen-age girl, acura, cellphone. i got the pic. sorry man. it sucks.

You should obtain a copy of the accident report, that way you can have a better view of what actually happened from the perspective of the insurance companies. It should have information from both parties involved and any witnesses that came forward. Sounds like there are issues of negligence on both sides, as you stated yourself, that you deserved a warning. Andrew