Parking Lot Accident | Whos liable

by Sam

So I am in the parking lot of ready to back out of my stall. There's an SUV that had its signal on waiting for my parking spot. So I did an 360 check saw that there's only that SUV around me.

So I start backing up slowly approx 30 cm and hit another car that was driving on the wrong side of the parking lot alley. After I backed into her car she honks and she's says there's no damage to her car so there's no need to involve the insurance companies, but takes down my information and I take hers down.

I noticed there is a very small scratch on my car barely noticeable. She called me that same day getting my information and telling me she was going to file a claim. My insurance company is telling me its 100% my fault. I understand being the backing up party makes responsible, but I think she should take some blame because:

1. She saw a SUV flashing in the direction of where the car will be coming out
2. she was driving on wrong side of the parking lot
3. I only backed up 30cm, clearly not out of my stall.

Is this really a 100% my fault?


Answer:

Hello Sam,

The answer is it depends! You are correct, in a parking lot accident, usually the vehicle backing has some responsibility, but other driver must also be paying attention and trying to avoid the accident. They can honk, move out of the way or stop before you pulled.

The point of impact will be very important. Did your car touch her rear bumper, in other words, she was past you and you touched her back bumper when she had no way of avoiding you? or did you hit her in a door or front bumper? The farther you are from the from bumper, the more responsibility on your shoulders.

You very good pointers that show the other driver should be at fault also, the fact that she was driving on the wrong side of the parking lot should be considered very heavily against her. If you only baked up 30 cm, the she must have been driving very close to you and other vehicles.

The question really is going to be so what? She might be 20% at fault or even 49% and so what? What does this mean? It depends on your jurisdiction. Some states will allow a split recovery (50%) or some will let you recover from each other.

Some will make the party that is 50% or more at fault pay the entire damage. So even if she is somewhat at fault, you can be held liable for 100%. It really depends on the laws of you local area.

I hope this help some. For more on fault, visit:

http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html


Good Luck,

http://www.auto-insurance-claim-advice.com