Parking Lot Accident

[Offspring22]

Hey all,

Well my fiancee was involved in a parking lot accident this evening. To try and be short and sweet....

She was parked in a strip mall and about to back out. A Jimmy went by behind her to exit the parking lot (exit was about 30`away. She let him passed by her and she started to back out. The Jimmy guy now stopped at the exit noticed some friends of his, threw it in reverse and backed up at a high rate of speed not seeing her. She was 90% backed out now, saw him coming and stopped, hitting the horn. He hit her in the back drivers side bumper. The bumper is trashed, and will definitely be over $1000 to repair her car.

Obviously this guy is at fault in this situation, but according to the law, who will be at fault? No witnesses other than his friends unfortunately....

Thanks,

[TYMSMNY]

Parking lot = 50/50.

[muse017]

Originally posted by TYMSMNY
Parking lot = 50/50.
Not true

[TYMSMNY]

Originally posted by muse017

Not true

ok. I'll be more specific.

In regards to the OPs scenario, it is a 50/50 fault.

edit: obviously if a car is parked and another car rams into them... it's not 50/50.

[revelations]

Originally posted by Offspring22
Hey all,

Well my fiancee was involved in a parking lot accident this evening. To try and be short and sweet....

She was parked in a strip mall and about to back out. A Jimmy went by behind her to exit the parking lot (exit was about 30`away. She let him passed by her and she started to back out. The Jimmy guy now stopped at the exit noticed some friends of his, threw it in reverse and backed up at a high rate of speed not seeing her. She was 90% backed out now, saw him coming and stopped, hitting the horn. He hit her in the back drivers side bumper. The bumper is trashed, and will definitely be over $1000 to repair her car.

Obviously this guy is at fault in this situation, but according to the law, who will be at fault? No witnesses other than his friends unfortunately....

Thanks,

If the people (friends or nor) were NOT inside the vehicles (but outside) they would qualify as 3rd party.

[Offspring22]

Originally posted by revelations


If the people (friends or nor) were NOT inside the vehicles (but outside) they would qualify as 3rd party.

Funny thing about that, she couldn't see anyone he was referring to as his friends.... There were a couple people inside the vehicle, but that's it.

[TYMSMNY]

Fiance = backing up
Jimmy = backing up

I really don't see the insurance company looking at it. Plus, probably a $500 deductible on a $1000 damage.

Do you have pictures of the damage to your fiance's vehicle?

[artieg30]

50/50... unless if there were eye witness reports with testimony favoring your fiance's side the insurance companies won't bother to investigate this one...

and as another member here said, if your fiance's car's ignition was on at the time of the accident, it'll always be a 50/50 fault.

[dirtsniffer]

Naaaa. If you were backing out and the damage is on the front of your car it will definitely be their fault. Hopefully you called the cops and they came to the scene to take statements.

[Dilmah]

Originally posted by TYMSMNY
Parking lot = 50/50.

100% not true.

To be more specific, 100% not true! :closed:

If both were backing up it will be 50/50, if one was pulling into the parking spot and not backing out, (I'm just saying maybe she was confused and didn't know she was going forward) than I'd say 100% at fault by the car backing up.

[FraserB]

Originally posted by Dilmah
(I'm just saying maybe she was confused and didn't know she was going forward) than I'd say 100% at fault by the car backing up.

So your best advice is to file a false police report and commit insurance fraud.

In this case it is going to be 50/50, both were backing up when the crash happened.

For OP: Reporting threshhold is now $2,000.

[Offspring22]

Originally posted by FraserB


So your best advice is to file a false police report and commit insurance fraud.

In this case it is going to be 50/50, both were backing up when the crash happened.

For OP: Reporting threshhold is now $2,000.

We definitely wont' be falsifying a police report. However she was stopped when contact was made, far enough backwards that she would have been going forward after that point - I don't think she had made any forward movement at that point though - she stopped and laid on the horn. I know - hard to prove though. Would that still be considered "both going in reverse"?

[FraserB]

Was she in the process of backing out or not? Your story has already changed.

[revelations]

FYI, a 100$ Dash cam wouldve helped prove that your wife was stopped at the time of accident.

[Offspring22]

Originally posted by FraserB
Was she in the process of backing out or not? Your story has already changed.

If he wasn't there, she probably would have backed up another foot or 2 max. She could have easily gone forward from where she was though without going any more back. Regardless she was at a dead stop when contact was made.

[Xtrema]

Need some pictures. Sounds like you gf didn't anticipate Jimmy to do a reverse when she was backing out. So most likely 50/50 as unfair as that sound.

[M.alex]

Originally posted by TYMSMNY


edit: obviously if a car is parked and another car rams into them... it's not 50/50.

DEFINITELY not true - my dad was PARKED in a parking spot at co-op and a lady hit his driver door (i.e., drove into his driver side horizontally, across the stalls, WTF?). She was all appologetic and promised to take care of it; my dad believed her and took her contact information; 2 days later his insurance company contacted him saying the lady filed a police report saying my dad had backed up into her (yes, his driver side of his car backed up into her front bumper.......). Long story short insurance wasn't willing to investigate because it was just a parking lot accident and just said 50/50

So unless you've got actual evidence you're getting 50/50, probably even so with evidence.

[TYMSMNY]

Originally posted by M.alex


DEFINITELY not true - my dad was PARKED in a parking spot at co-op and a lady hit his driver door (i.e., drove into his driver side horizontally, across the stalls, WTF?). She was all appologetic and promised to take care of it; my dad believed her and took her contact information; 2 days later his insurance company contacted him saying the lady filed a police report saying my dad had backed up into her (yes, his driver side of his car backed up into her front bumper.......). Long story short insurance wasn't willing to investigate because it was just a parking lot accident and just said 50/50

So unless you've got actual evidence you're getting 50/50, probably even so with evidence.

Well that's just falsifying a police report and not what "actually" happened. If the insurance company found out what happened, they would reverse their judgement and be 100%, their fault.

[TYMSMNY]

Originally posted by Offspring22


If he wasn't there, she probably would have backed up another foot or 2 max. She could have easily gone forward from where she was though without going any more back. Regardless she was at a dead stop when contact was made.

she was at a dead stop with the reverse light on.... regardless if she was stopped or not, she was in the process of backing up.

[DEATH2000]

Originally posted by M.alex


DEFINITELY not true - my dad was PARKED in a parking spot at co-op and a lady hit his driver door (i.e., drove into his driver side horizontally, across the stalls, WTF?). She was all appologetic and promised to take care of it; my dad believed her and took her contact information; 2 days later his insurance company contacted him saying the lady filed a police report saying my dad had backed up into her (yes, his driver side of his car backed up into her front bumper.......). Long story short insurance wasn't willing to investigate because it was just a parking lot accident and just said 50/50

So unless you've got actual evidence you're getting 50/50, probably even so with evidence.
Wow, I woulda switched insurance companies after that. Thats bogus.

My wife had backed out of a stall at a Walmart and had just gone to pull away and a van came around the corner and smashed into the corner of her bumber so hard that it took the van about 25 ft to come to a complete stop, and it bent the frame on her car. It was rulled 50/50 as well and her insurance went up over $200 a month because some stupid asshole was doing 50kmh IN A PARKING LOT. People need to check themselves.


Also, I was walking through a parking lot once and crossing between rows. I was halfway across and noticed a car wasnt stopping. As I tried to get out of its way it hit me with the front passenger side and then took off. I called CPS and they told me that even though she clearly did hit me as defined by the massive bruise on my thigh, they would not pursue it becuase i was not in a crosswalk. So basiclly, its free game to run people over in parking lots. I still have the original police statement if you dont believe me.

[Dilmah]

Originally posted by FraserB


So your best advice is to file a false police report and commit insurance fraud.


If that is a question then the answer is No.