Car accident in a parking lot. Who's at fault?
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Car accident in a parking lot. Who's at fault?
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Earlier this morning, I was leaving school to head home for the day. Our parking stalls are vertical, not slanted, so you can either back out or pull forward to get out. If you pull forward, you have to turn left to get to the exit of the parking lot. I pulled completely out of my stall into aisle and started to make that left turn when I noticed that a car was coming on the other side of the parking stalls. I slowed down to a stop as I turned, and the driver hit me. When I got his side of the story, he said that he slid on a patch of ice. The damage to my car was dramatic. I got out to inspect it and i saw that my bumper is cracked, the hood of my car is jammed and misaligned, my left turn signal doesn't work under my headlight and is acting up on the left side of my car, my headlight is cracked, and the driver's side has a lot of paint damage. The car of the other driver has chipped paint. That's it. So who would be at fault? Additional Details EDIT:
I was already in the aisle when the accident happened. It was a two-way aisle. And he was coming from my left as I was turning. I was at a complete stop.
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jtexas
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You were stopped, the other car was sliding on ice -- driver looses control of his vehicle is usually at fault.
Don't worry about "right of way" -- unless the other guy was going too fast or not paying attention he should be able to see you in time to stop.
Don't worry about what somebody says "the law" is -- unless he's a specialized lawyer licensed to practice in your city, he could be mistaken. |
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chevypride0310
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actually its your fault sounds like cause you were the one pulling out of the spot, would be like if you were pulling out of a parking lot and he was going down the street, also since you were pulling out the wrong way doesn't help either, so maybe not any specific persons fault since he slid on ice but it sounds like its more your fault for being the one pulling out and in the wrong way of a parking spot since instead of backing out you pulled forward through the spot that was in front of you |
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FreedomLover
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sounds like your fault to me. If he was driving in the aisle and you were pulling out of your parking stall. The car that is in the aisle has the right of way. It stinks... but sounds like time to call your insurance company. Good Luck! |
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korgrue
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Technically if he hit you with the front of his car then he/she is at fault.
But as long as you both have insurance, it dont matter who was at fault. Insurance will cover it.
Make sure you got a police report. |
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Jeff T
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The other party. I hope you call the police and get a report. |
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sydkan
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you're pulling out of the parking space pulling through it to make a left turn. he is established in the aisleway. you failed to yield the right of way. IF he actually admits to the ice issue there may be some contributing negligence on him, however in most states you would probably be liable. But as an adjuster i would take statements from all, looke at the damages and possibly scene diagrams or a scene investigation. Everyone is going to give you an opinion as everyone has one.
My experience states this will be more negligence on you.
I'm sorry
p.s. I know of no law in any state that if it happens on private party then no one is at fault. this is a HUGE misconception. If it were true, why would there be stop signs and speed limits and directionals and right of ways in a parking lot. you would never have to yield to a pedestrian. You could hit any car you want and never have to worry about it??? Really???
SOOOOO Not true!!!!!!! |
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Kevin
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the law states that no one is at fault in a parking lot becuase it is private proporty so really you pay for yours and they pay for there's unless the person or you is nice and knew you/they did something wrong and want to help |
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This is me.
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Without really understanding exactly how it all happened. I'd say the one at fault is always the one who cuts into someone else's path. Keeping in mind you must give right of way to whoever comes from your right.
I don't buy the theory that in parking lots (since they are private) everyone pays for his own damage. |
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Kizzy
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Parking lot incidents are difficult to assess. If he stays with the truth about slipping on ice, you should be fine. But, lo & behold once he gets home, talks to friends and family....bet his story will change.
A lot of these end up as comparable negligence, meaning a 50/50 fault assessment.
Good luck!! |
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io
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its his fault, he slid on ice and hit you, make sure you mention that, and the fact you were at a complete stop only helps your case |
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Charlie
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Sounds like he was at fault as you were not moving. Hope you filed a report on it. |
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