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involved in a parking lot accident.. who is at fault?

cganesh75

cganesh75

Elite Member | For Sale/Trade
Super Moderator

Guys, I was in a parking lot accident this morning. I have claim with my insurance, but wanna get public opinion on who is at fault here.

I was parked in a school parking lot. carpool lane goes behind my car from right to left when i am facing away from the carpool lane. parking space directly behind me but on the other side of carpool lane was empty, but there was a car parked on that side directly behind the parking space left of me.

anyway, when it was time to leave, i slowly pulled out, car pool lane stopped to let me out.. i pulled back and then when is start to turn left to get back in to the carpool flow, the car that was behind me one space to the left crashed into my car. their car hit my car's rear passenger door directly behind the driver door. obviously my car has scratches and dents on the door, the other car that hit me has dent and scratches on the rear left bumper.

we both are calling our insurance people. i filed the claim, i am sure the other person did too. who is at fault here? i did not see her move when i left my parking space.
 
Originally posted by: KeypoX
Sounds like other guys fault, he hit you right?
Click to expand...

Person backing out does not have the right away. that and his "carpool" behind a parking spot makes it sound kinda weird.

 
Drawing requested, but it sounds like you were both at fault. If you are backing up, you are generally at fault, but if they were leaving a parking space, then they too were backing up and at fault.
 
Originally posted by: Marlin1975
Originally posted by: KeypoX
Sounds like other guys fault, he hit you right?
Click to expand...

Person backing out does not have the right away. that and his "carpool" behind a parking spot makes it sound kinda weird.
Click to expand...

carpool lane stopped for me to get out. i didnt hit any on going traffic. i backed out, i think she saw the carpool stop and she backed out too.
 
Originally posted by: cganesh75
Originally posted by: Marlin1975
Originally posted by: KeypoX
Sounds like other guys fault, he hit you right?
Click to expand...

Person backing out does not have the right away. that and his "carpool" behind a parking spot makes it sound kinda weird.
Click to expand...

carpool lane stopped for me to get out. i didnt hit any on going traffic. i backed out, i think she saw the carpool stop and she backed out too.
Click to expand...

If you were both backing out then both are at fault. So 50-50
 
Originally posted by: cganesh75
isnt it always a issue of 'who hit who"?
Click to expand...

no, sounds like a mutual accident. my brother had a situation like this a couple years ago and called the police, and the officer deemed it a mutual accident so nobody could make a claim against the other guys insurance.

another case of where "who hit who" that doesnt matter is if someone making a turn pulls in front of a driver going straight, who would have the right of way. the guy making the turn might *get* hit, but he didnt yield to oncoming traffic with the right of way so even though he got hit, he is at fault

/i was kinda the guy at fault once, my bad
 
Some people can't wait 5 seconds and shit like this happens. Some people are also oblivious to blind spots and drive right through it. Good thing it was only your car, could've been dead children. Fucking idiot drivers.

Ps. The asshole who hit you is at fault.
 
Originally posted by: cganesh75
isnt it always a issue of 'who hit who"?
Click to expand...

No.

It's an issue of who had right of way. If both vehicles are backing up however, my educated guess (as an ex-insurance claim handler for autos and homes and as an insurance underwriter for home/autos now) is that it will end up as a "no-fault" accident depending on the state. Some are no-fault states, others are one party is 100% at fault, and still others are partial fault (60/40 for example).

Unless, you were fully in your lane and had completed backing out of the space. If you were done backing, and say switching gears to go into drive at that point then it could be the other persons fault. Odds are though that the insurance companies will deem that neither party is at fault, and you use your own insurance to pay for any damages.

If you have questions PM me, because I have worked in claims and now do underwriting for auto/home policies.
 
i was fully backed out and was trying to move to merge into the lane and thats when i got hit.

also the collision was between their rear bumper to my passenger side door.
 
Originally posted by: cganesh75
i was fully backed out and was trying to move to merge into the lane and thats when i got hit.

also the collision was between their rear bumper to my passenger side door.
Click to expand...

His fault.
 
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