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92_VTEC_lude
11-29-2006, 03:18 PM
so I rear end some lady last night coming out of the COOP parking lot on 17AVE SE, it was totally slick at that spot and I was braking atleast 2 car length behind her (she even admit to that after seeing the brake mark making by my car on the ice) but my car my car still slide forward and bump into her truck bumper. My car got a broken head light and her back bumper is one of those custom fiberglass tuck under the body type and it got chipped at the corner since I was swaying to the side to avoid to hit her. The bump was so light she did not even know I hit her until I tapped on her truck window to tell her that I just hit her truck rear end, this showing I was not speeding nor following to close, she even admit to that last night. I already offered her to fix the truck's damage but my question would be:

Is this a case where a 50/50 split between the 2 parties because it is the bad weather fault (according to my boss at work this will be the case)

If anyone ever got the same case please share your story so I can have more informations about this case.

THANKYOU

DoubleLP
11-29-2006, 03:21 PM
You rear end someone, you are at fault. It does not matter on the "weather" or anything like that. The police would say you should have been trying to stop earlier.

Plus you have already told the lady that you would pay for her bumper to be fixed. To go back to her now and tell her that you are only paying half would piss her off and she would go to her insurnace company, get a complete estimate from a bodyshop and probably get the whole bumper replaced.

Just pay for it and don't worry about it. Don't use insurance because that will boost your rate.

Sharpie
11-29-2006, 03:24 PM
Originally posted by DoubleLP
You rear end someone, you are at fault. It does not matter on the "weather" or anything like that. The police would say you should have been trying to stop earlier.

Plus you have already told the lady that you would pay for her bumper to be fixed. To go back to her now and tell her that you are only paying half would piss her off and she would go to her insurnace company, get a complete estimate from a bodyshop and probably get the whole bumper replaced.

Just pay for it and don't worry about it. Don't use insurance because that will boost your rate.
:werd:
That would be pretty weak to now only offer to pay for half. just offer her an amount that is resonable and she will most likely just take it.
Right now your lucky that she isn't a bitch trying to sue for injuries, you should be happy.

SilverBoost
11-29-2006, 05:44 PM
There are very few circumstances where you can be ruled not at fault for running into the back of someone. Yours is also not one of them. Tell your boss to get his info right too so he doesn't get someone else's hope up with that false info.

HOWEVER, after re-reading your post I undestand that it was actually IN a parking lot. Parking lot stuff is touchy. I don't know the law here when it comes to parking lot stuff, but IMO, man up and pay to get it fixed, or put it all through insurance and see what happens.

EnRich
11-30-2006, 12:07 PM
Well, if it was in the actual parking lot, regardless of whos fault it was, it comes down to a 50/50. You each fix your own cars. I know cause I was in the same situation last year. Totally the other guys fault, he drove some beat up pos from the junk yard. I had to fix my own car, and he was supposed to fix his. Cost me 3000 grand at the end. 50/50 in parking lots man, regardless of who's fault it is, and weather conditions.

WWJAI
11-30-2006, 12:16 PM
^Not all parking lot incidents are 50/50. It depends on whether or not both cars were fully in the driving lane. If one car backs out of a parking stall while the other car is driving the the lane already and the car backing out hits the car in the driving lane, the car backing out is 100% at fault. In this case, it definitely sounds like your at fault since you rear ended them but from 'EnRich's experience, it doesn't sound right that he had a 50/50 claim.

HRD2PLZ
11-30-2006, 12:20 PM
Parking lots are not always 50/50. 6 years ago, I was driving through a parking lot when some girl threw her van into reverse and mangled the drivers side of my car. Her 87 caravan had a broken tail light and a scuffed bumper. My car had $5500 in damage. Police deemed the entire accident to be her fault.

topmade
11-30-2006, 12:29 PM
:werd: Parking lots are not always 50/50. If she was stopped on the correct side and was yeilding to traffic and you rear ended her you're 100% at fault unless you failed to give us some details.

eclipse00
11-30-2006, 12:54 PM
Like everyone else said, you rear end someone you're at fault. Pay the money to fix it other wise you'll pay 10 times more for your insurance!

Masked Bandit
11-30-2006, 05:00 PM
#1 - You are at fault.....PERIOD! Pay it out of your own pocket if you can.


#2 - Parking lot accidents are not always 50/50. In reality, most of them are one way or the other, not 50/50.


#3 - Your boss has no idea what he is talking about.