Accident. Who's at fault and what should I do?

bundysmom

Sounds to me you're both at fault. You're entering, he's exiting. He's driving on the wrong side of he road, you didn't appear to do anything to avoid the accident--stop, honk--you kept going. We don't know if you were making too wide a turn into the lot and if you were that's no good, if you weren't that's better for you. But now that I re-read your question...when you write 'pulling into a parking lot,' do you mean just that, pulling into a lot from a thru street? or are you driving through the lot already looking for a parking space and the other guy backed out of a space into you?

I'd turn it over to my insurance and let them deal with it. It's at most 50/50in your favor---50% liability is not considered at fault. You guys owe each other 50% of each others damages.

October

Report it to your insurance company. You never know what the guy is liable to do later.

Maryn

Don't settle it yourselves. You have no way of knowing if he'll pay up, for one thing, and his offering to go halfsies when he's got most of the damage is highly suspicious. Maybe he's got many other accidents on his record, or has diminished vision and shouldn't be driving at all.

Call the cops and your insurance agent.

heidiann90202

Think about this for a second, if he knew for sure you were at fault, then why would he bother to say hey, lets call it 50/50 and settle it ourselves. That right there would be a red flag to me. And i would let the insurance settle it. But you should anyways. Its what they do.

CwboyBill

Don't be another idiot. Call the cops (thought it's probably too late but do it anyway) then call YOUR insurance company and file a claim. This could go wrong in so many ways I am afraid to even mention them.

Crypt

By gentleman, I presume you mean a guy older than you. Meaning probably more experienced with this.

So, his car has more damage, and he says "i'm willing to call it 50/50 and just settle it ourselves."

Nobody says that if the other person is at fault. He knew he was at fault, and you backed down. Nothing on his record now, no insurance crap do deal with, and no tickets issued.

Unfortunately in most areas you need to report the accident immediately to the police. You didn't. I'm pretty sure there's nothing you can do now, other than fix your car and move on.

Guess what, you just saved him a bunch of money on his car insurance.

husquarana

If you was already on the route of way, he should of given way to you. So he is in the wrong as he was reversing into the route of way

c_leoo

If you were going straight and he was pulling out the same rules apply if someone was pulling out of a parking postition into the street. They are at fault.
It is up to you to decide what you want to do. IF it is not reported, it because both parties agreed that there wasnt enuf damage.
But he might try to be sneaky and get you later.,... this is tru.
DO what your gut feels...

oklatom

I assume from the way you tell it, you were pulling in, he was backing up. The person backing must not move until the way is clear, so it would be 100% his fault. Just call your insurance and give them the information, they will take it from there. Don't worry about no police report, they seldom respond to a private property parking situation anyway.

BROWNLYN

that happened to me once, we settle it ourselves nothing come of it (thank god) but it sounds like he should of gave you the right away if you already were backing out. good luck

Esmerelda

It would have been smart to call the police. I'd do it anyway so at least its on record you reported the accident. It might help you later if he does try and sue you.

I'm not sure who is at fault - maybe no one. If there were cars on each side of him, he may not have seen you. But the person in motion usually has the right of way. On the other hand, if you saw him backing up, the safe and courteous thing to do would have been to wait for him.

Good luck!

Sarah K

First: file a police report- this is legally the correct thing to do and will protect your word in the future if it is needed.

Second: file a claim with your insurance company- be sure to provide a detailed description of the accident and the police report number.

Third: You can attempt to be reimbursed for your deductible by filing a mini-tort against the other man's insurance company.

Even if you do not have the repairs performed on your car you will want to file a claim and a police report. The reason is that this man could sue you for his damages and "injuries". Many times people will do this after offering to "settle it without the insurance companies". Do not trust this.

If he does sue you your insurance company will back you up and provide lawyers, etc. because technically they would be the one to pay his damages.

Just play by the rules and everything will be fine.

Ben Linus

If there's even a slight possibility the accident was not your fault, contact the police and your insurance company immediately. 50/50 is not to your benefit here, especially if the other guy caused the accident. Let him pay for his car AND your car's damage if it was his fault.

If you are 100% sure the accident was your fault, do whatever you can (within reason) to NOT involve your insurance company and the police. You'll pay more in the end in increased premiums etc., if your insurance company either pays a claim or gets wind of you being cited for causing an accident than if you just settle it without them knowing.

spnkitman

Why do you think he was supposed to stop? He was leaving and you were entering. I think it was both your faults. So you both should just pay for your own damage.

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