Who is at fault, when someone backed into you in a private parking lot, when we both ended up coming in the wrong way?

by Kat Davis
(Mobile, Al)

I had drove into the parking lot of chick-fil-a behind this suv (which almost side-swipes me coming into the shopping center. I was at a stop waiting for a pick-up truck to move out of the way that was blocking the entrance and before I can attempt to go a round this suv flies pass me almost hitting me) the driver pulls into a handicap space so I proceed to get behind her thinking she was parked, so I stop to let two people cross the street, and as I was doing so i notice in my mirror that she was backing up on me so i was blowing my horn trying to get her attention she paused for a moment and before I could get out of the way she crashes into me.

Turns out that she was a 16 year old new driver and her friend had informed her that she was parked in the wrong space.

She was crying and apologizing at that moment I was just trying to calm her down, so she calls her mother and the mother told me that she would rather pay for it out of pocket because she already has a high insurance premium so we agreed to do that.

Monday morning it’s a different thing now she is saying that it’s my fault and that she will only pay half, she proclaim to be a non-practicing lawyer I thinks its messed up that she went back on a verbel agreement that was made between us and the damages were only $375.00. so now what do i do.

Answer:

I am sorry to hear about this. You need to file a claim. Not doing so can have severe consequences. If you agree to be paid for 50% of the damage, indirectly you agree that you cause 50% of the accident – this could mean that you must pay the other side 50% of their damages.

If the other side is an attorney (even if not practicing), you really should at least have your insurance company represent you. They can appoint a lawyer if necessary.

Regarding fault, it’s very hard for us to tell you without an investigation, please see our section on fault here.

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

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