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View Full Version : parking lot accident - who is at fault



SkittleFreak
10-06-2008, 05:48 PM
I wasd riving through a parking lot, pulled a left turn to go down and isle, and was hit by a car backing out. Damage is from the front of my passenger door to the read of the car. The person in the car with me as well as witness at the business across the street didn't see his lights on, neither did I, when he was reversing. I was approximitly 2-3 feet away from the row of parked cars.

Who would be at fault?

JRSC00LUDE
10-06-2008, 05:53 PM
You always spilt parking lot accidents 50/50. Every single time with absolutely no exception whatsoever.

Except for those times when it has to be split 65/55, but when that happens you're fucked. If that was the case, you'd know it.

SkittleFreak
10-06-2008, 05:55 PM
So is it worth taking them to court?

Casa
10-06-2008, 06:47 PM
50/50

Kloubek
10-06-2008, 06:53 PM
Originally posted by JRSC00LUDE

Except for those times when it has to be split 65/55, but when that happens you're fucked. If that was the case, you'd know it.

How the hell does one split responsibility 65/55? Isn't that 120% fault then? :rofl:

JRSC00LUDE
10-06-2008, 07:48 PM
Originally posted by Kloubek


How the hell does one split responsibility 65/55? Isn't that 120% fault then? :rofl:

I had to add that in case anyone actually believed the first part, it's the first time this question has come up this week. ;)

Kloubek
10-06-2008, 07:57 PM
Like Casa? lol

Skittle: You speak as if this was not reported? I'm sure the insurance company or the cops would be happy to explain it to you. Sounds like you have a case - especially if you recorded witnesses.

SkittleFreak
10-06-2008, 08:14 PM
Has not been reported yet

Kloubek
10-06-2008, 08:52 PM
Why would you not have reported it yet? If there is that much damage to your car, I would assume the bumper of the other car is scraped up too. If that is the case, and it IS your fault, you will most certainly hear from her insurance company shortly.

If it is not your fault, then the damaged caused would be fixed free of charge to your car. If you do nothing, it will not be.

Two pretty good reasons to just file a report - no?

ExtraSlow
10-06-2008, 09:03 PM
File a report every time, no matter who is at fault. I can't think of a single reason NOT to file a report.

KyleTA
10-06-2008, 09:06 PM
i thought it was only 50/50 if both vehicles were backing, otherwise if someone backs into you while you are going forward it is their fault?

Stealth22
10-06-2008, 09:59 PM
You were driving through the aisle. The other vehicle was backing out of a parking space, and thus, must look for and yield to oncoming traffic.

The other driver is 100% at fault, and you've got a witness (witness in your car is not admissible AFAIK)

Carlton
10-06-2008, 10:10 PM
The person at fault is the one with the reverse lights on. If it was 50/50 all the time that would mean I could run into any car and just peace out...

HiTempguy1
10-07-2008, 06:38 AM
You were driving through the aisle. The other vehicle was backing out of a parking space, and thus, must look for and yield to oncoming traffic.

Just so you know, yielding the right of way is still UPHELD in a parking lot in certain situations. Just throwing that out there.

hypnotoad
10-07-2008, 07:08 AM
Why do people run to beyond before reporting an accident? It can't be too big a deal if you can sit on your ass whining about it instead of going to the police for some solid information.

Ferio_vti
10-07-2008, 07:40 AM
50/50 is bullshit. There is NO SUCH RULE!!

One time I was in my car ready to back out, next to me was an empty spot. One car to my left was waiting for me to leave before parking, while on the right hand side, some crazy bitch came flying down the aisle to get the said spot next my car. Crazy bitch came in at a bad angle and hit my bumper. Then she accused me of backing into her car when she was parking.
Other car waiting acted as a witness.

She said she'll pay 50%. We told her to eff off cuz she was 100% at fault and told her we'll just go thru insurance. With that, she complied and payed up. I paid nothing cuz I did nothing wrong.

Masked Bandit
10-07-2008, 09:29 AM
FOR PHUCK SAKES....WILL PEOPLE STOP SAYING IT'S 50/50 EVERYTIME IN A PARKING LOT!!!!!!


The person leaving the parked position MUST yield to all other traffic. The OP is not at fault, the other person is.

JRSC00LUDE
10-07-2008, 11:18 AM
Originally posted by Masked Bandit
FOR PHUCK SAKES....WILL PEOPLE STOP SAYING IT'S 50/50 EVERYTIME IN A PARKING LOT!!!!!!


Hence the sarcasm of my post. :)

Eleanor
10-07-2008, 11:20 AM
Originally posted by Masked Bandit
PHUCK
Thought you were on Ground Pilots there? ;) :rofl:

Masked Bandit
10-07-2008, 02:02 PM
Originally posted by JRSC00LUDE


Hence the sarcasm of my post. :)

Oops...sorry about that. I didn't pick up on that. My bad.

Masked Bandit
10-07-2008, 02:03 PM
Originally posted by Eleanor

Thought you were on Ground Pilots there? ;) :rofl:


Nah...I do that wherever I'm posting assuming I'm not actally mad about anything. You never know when kids are reading this stuff.

2BLUE
10-07-2008, 02:11 PM
Originally posted by JRSC00LUDE
You always spilt parking lot accidents 50/50. Every single time with absolutely no exception whatsoever.

Except for those times when it has to be split 65/55, but when that happens you're fucked. If that was the case, you'd know it.

What happens if your vehicle is parked and your in the mall...And someone hits you...? Its not your fault at all.

Eleanor
10-07-2008, 02:30 PM
Originally posted by 2BLUE
What happens if your vehicle is parked and your in the mall...And someone hits you...? Its not your fault at all.
A few posts up:


Originally posted by JRSC00LUDE
Hence the sarcasm of my post. :)
;) :rofl:

403Gemini
10-07-2008, 02:55 PM
Originally posted by Masked Bandit
FOR PHUCK SAKES....WILL PEOPLE STOP SAYING IT'S 50/50 EVERYTIME IN A PARKING LOT!!!!!!


The person leaving the parked position MUST yield to all other traffic. The OP is not at fault, the other person is.

Beat me too it ;)

And Jrscool wtf man... its 75/55 jesus christ get your math right.

JRSC00LUDE
10-07-2008, 06:02 PM
Originally posted by 2BLUE


What happens if your vehicle is parked and your in the mall...And someone hits you...? Its not your fault at all.

And your what is in the mall? And why would someone hit me? I don't follow....

spikerS
10-07-2008, 06:59 PM
Originally posted by JRSC00LUDE


And your what is in the mall? And why would someone hit me? I don't follow....

he leads by example.

:facepalm:

oh look, you made me use it. :rofl:

InLoveWitRSX
10-07-2008, 07:32 PM
So if parking lots are always 50/50 , I can come flying out of my stall, smoke a car whos waiting to park in my stall and we'd both be at fault... sounds like a good deal if I have a shitty beater.

Or fly down the aisles at 40-50 km/h and hit someone parked there.... hm both at fault?

403Gemini
10-07-2008, 08:01 PM
Originally posted by InLoveWitRSX
So if parking lots are always 50/50 , I can come flying out of my stall, smoke a car whos waiting to park in my stall and we'd both be at fault... sounds like a good deal if I have a shitty beater.

Or fly down the aisles at 40-50 km/h and hit someone parked there.... hm both at fault?

You're:

a.) Illiterate
b.) Retarded
c.) Incompetent and refuse to read the rest of the thread
c.) All of the above

Which one?

FOR THE LAST TIME, there is no 50/50 unless both parties are backing out of a stall and hit each other.

Stealth22
10-07-2008, 08:06 PM
^^^^

I think InLoveWitRSX was being sarcastic...

InLoveWitRSX
10-07-2008, 08:07 PM
Originally posted by 403Gemini


You're:

a.) Illiterate
b.) Retarded
c.) Incompetent and refuse to read the rest of the thread
c.) All of the above

Which one?

FOR THE LAST TIME, there is no 50/50 unless both parties are backing out of a stall and hit each other.

I'm not talking to you, i'm talking to the people that think parking lot accidents are always 50/50, don't get your panties in a bunch, and yes I was being sarcastic.

Not to mention I just got backed into a few days ago basically exactly how the TS situation is.

KyleTA
10-08-2008, 05:52 PM
the only time it is 50/50 is if two people back into each other in a parking lot. both partys have to be reversing