parking lot accidents?

[ApexDrift]

So this is the scenario
- I was backing up and already half was out
- the car opposite side of me one spot to the right started to back out
- I stopped and laid down he horn
-somehow didn’t hear the horn and continued to back out and hit me when I was stationary.
-i have 4 passengers in the car that can confirm

I know this usually goes 50/50 but just wondering if there’s any technicalities to the situation.

EDIT: i was already 3/4 of the way out... couple more inches and i could have put it in drive.

[Strider]

Witnesses in your own car don't count. Without other witnesses or the other driver admitting fault, it'll probably be too hard to prove you were stationary and he was moving.
I'd guess 50/50.

[colinxx235]

I had this exact thing happen January 3rd this year. Unless the other party admits fault, you will be 50/50. So... hopefully they other party is not a douche...

[Zhariak]

/angered at people who back up without LOOKING BACK!

I was coming out of a spot today, and some hooch in a van almost backed up into me.... Salmmed on breaks

Then she proceeds to go forward/backup like 6-8 times to get out of the spot, everytime she is reversing she has 10 feet to the object behind her, but she wouldn't look back so she was just using mirrors and guessing.


grrrr

[ApexDrift]

.

[artieg30]

i had a similary incident where a truck lost control in a parking lot and rammed into my trunk. Because my the engine was not started in my car at the time the truck was 100% at fault, so that being said it may be 50/50 for you :dunno:

[403Gemini]

Two vehicles backing out at the same time are 50/50, only time it changes is when you put your vehicle in drive and are proceeding forward.

It's shitty, but that's the way it goes... anytime i back out now all I think is "50/50, 50/50, 50/50..." lol

[J-hop]

in drive is 50/50 as well. If someone is backing out towards you and you are driving forwards you both are equally responsible for watching out for each other. the only time this is not the case is if one of the cars is in park when contact is made.

so OP if you had your car in park then it is his fault, but if you were just sitting still in reverse/drive when it happend, even if you are not moving you are still equally at fault in the eyes of the law.

[Mibz]

Originally posted by 403Gemini
Two vehicles backing out at the same time are 50/50, only time it changes is when you put your vehicle in drive and are proceeding forward. Not according to my insurance 10 years ago :/ I'm not saying you're lying, just that my (parents) insurance company back then were clearly a bunch of douches.

Leaving the high school parking lot I was stopped in line and a girl started backing out in to me. I held the horn and started moving forward to avoid her but she ended up hitting my back end. Insurance called it 50/50 because her Mom told her not to admit fault even though she knew it was hers.

[Mar]

People backing out of spaces is one of the things that enrages me almost more than anything else while driving. I back in everywhere I go, it's not hard. It's actually easier to back in than it is to back out, less variables to worry about. And you can SEE ahead of you when pulling out.

And if you back out of your driveway at home, it's illegal to back onto a roadway. You have to pull out head first, so I don't really see the benefit of doing it anywhere else.

[sillysod]

If I am not mistaken I believe that any accident in a parking lot goes 50/50 automatically.

[ApexDrift]

Originally posted by sillysod
If I am not mistaken I believe that any accident in a parking lot goes 50/50 automatically.

not true someone, backed into me when I was a at full stop when they were exiting their parking spot and the adjuster ruled in my favor

[ApexDrift]

cant seem to attach this to the first post...

-white car is me
-other car is fool

[colinxx235]

Yah unfortunately unless you have an unbiased witness who will state that you were stopped with a horn down it will be 50/50 if the other driver won't accept fault... I feel bad but probably not much point to dragging out thread, I hope you get some human decency such as I did in January.

[tom_9109]

403Gemini tells the truth. If both parties are backing they split 50/50.

If the parties have conflicting stories and no independent witnesses then they go 50/50.

There are instances where someone is 100% at fault such as when they are backing out and hit a car.

[Masked Bandit]

50 /50 should really be called 100 / 100 since both driver's insurance rates will be affected. A 50/50 does the same thing to your record as a full blown 100% at fault.

In the OP's case I suggest the two of you may want to look at settling outside of insurance.

[chkolny541]

Originally posted by sillysod
If I am not mistaken I believe that any accident in a parking lot goes 50/50 automatically.

ppl need to stop believing this lie, it can change