Ask an Attorney a Question for FREE!
Parking lot accident | Who's at fault
On Christmas eve my husband and I were involved in a parking lot accident. We were completely in the throughway of the lot and were backing up straight to pull into an empty space.
We were hit by a woman backing out of her space. The damage to her car was isolated to the left driverside corner of her bumper, indicating to us that she was not yet in the throughway or the damage would have been in a more central location on her bumper.
We did not file an accident report but exchanged at that time what I thought were our insurance information and names. turns out that she just gave us her name and home location but no number or insurance info. I tried to contact her the day after Christmas but she was not listed.
A few days later her insurance company contacted us and said she told them we were to blame. This came as a complete surprise to us, and it did not take long for her to call us and ask for money to cancel her claim.
I have no intention of giving her money, as this is what we pay insurance for and advised her to take it up with my company as I would with hers as I now have her information.
So who's fault is it?
I am sorry to hear about your accident.
Parking lot accidents are very hard. They need to be investigated and all vehicles must be looked at.
Usually (90% of the time) both drivers share fault. If both drivers are backing, then both drivers had a duty to look and ensure that no one was backing or was about to back out.
The adjuster will have to determine if the parties saw each other or the accident simply occurred. If this was a bump and no one saw anything but only felt the impact, then both drivers will likely share responsibility.
The point of impact will be very important to determine who is more at fault than the other.
For more about fault, please see please see: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html
Click here to post comments
Join in and write your own page! It's easy to do. How? Simply click here to return to Got Questions?.
Please see more answers to recent personal injury and auto accident questions below:
For a Free Review of Your Case