Got hit in a parking lot by a car reversing out of a spot, who is at fault?
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Got hit in a parking lot by a car reversing out of a spot, who is at fault?
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on friday i got into an accident. i was at a 4 story parking structure making my way down from the 3rd floor to the 2nd floor. i had to make a sharp right turn to take a small ramp down to the 2nd floor, then another sharp right to continue on the 2nd floor that leads to a ramp that takes you to the 1st floor and out of the lot.
the guy was parked exactly 2 spaces next to the sharp right turn i needed to take to proceed on the 2nd floor of the parking structure.
as i approached the ramp on the 3rd floor i slowed down. made the turn went down the ramp made the 2nd turn onto the 2nd floor and proceeded to drive towards the other ramp. all of a sudden after making the sharp right turn a car backs out of the 2nd parking space next to the ramp and i couldn't brake in time to avoid the collision. i tried to swerve out of the way but he hit me.
who is at fault? i don't think i am because i was passing his parking space just as he was pulling out and he continued to back up. he hit the bottom right corner of my passenger door and the fender of my front right tire. i dented the right corner of his rear bumper.
-when we got out of our cars to exchange info the first thing he did was accuse me of going fast but i was only going 6mph the minimum for the parking lot is like 10 or a little more.
is he at fault or am i?
Additional Details
-i looked at the speedometer just before i got to the ramp that leads to the 2nd floor, and it read 6mph. even if i was going that slow i had no time to stop becuz i was passing his car as he was pulling out. by the time i tried to swerve and hit the brakes it was too late.
-I told the insurance company that if it was my fault then my front bumper would be severely damaged. since it wasn't damaged and it was only the passenger side door and the fender on the front right tire it means the guy waited until i got close to his car to back out. that means he aimlessly backed out without looking i guess.
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George A
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When a collision between two vehicles involve one of them backing up, the vehicle that is backing is the at fault vehicle. In fact 99.9% of all collisions that involve a vehicle backing up, that vehicle is found at fault for the collision.
Since this happened on private property, the police may or may not get involved (most areas- no police involvement at all on private property since they cannot issue any citations).
Insurance claims should also rule this way & place the fault on the vehicle backing up. Any vehicle that is already traveling in that lane has the right of way over the vehicle attempting to back out of a parking space. |
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HappyCouple
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Seeing as he hit almost the middle part of your car, it would be his fault. You obviously were right behind him when he backed out. And if he didn't see you, then how could he have known how fast you were going?? |
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Chaz
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He should be completely at fault. In some cases they might declare you 30% responsible. If you have a witness, that would help. Otherwise it's his word against yours on how fast you were going. |
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loves christmas lights
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The rules are always proceed with caution. Since people leaving spaces as you know cant see whats coming it is thought by me that the person already traveling needs to be the one aware. Yes you saw each other probably at the same time. You should of gotten someone else to see it, or taken pics with your cellphone or camera. Or gotten him too, either way, the ins company will look at the damage and determine whose at fault. Its very hard to tell, since you got more damage you might win, or they can call it a no fault and you both have to pay to fix your own cars. I think your statement of your going 6mph which is barely rolling right, but you couldnt brake in time and swerved, might put you in the wrong, it just sounds wrong, although they will wonder how if you had no time to stop but you did have time to glance at the speedometer that something is amiss here?In the end he hit you, you most likely will win. They record your call to report the wreck so just stay consistant, he hit me he did not attempt to stop and I did as I could. |
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Erwin Sennett Wu
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Why all the long and detailed answers? Simple: since the other car t-boned your car, he should be 100% at fault. Drivers are supposed to back with caution.
That said, make sure the insurance company/agent doesn't take advantage of you because you are young. I'm assuming. |
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entidtil
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It sounds as if the other guy may be at fault (unsafe backing) but It doesn't matter what he said or you said or what he didn't say or what you didn't say. No one here can determine fault. Fault for insurance repairs are determined by insurance companies. have you notified your insurance company ? If not, do so ASAP |
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Melb_in_OZ
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he is fault as he was driving out and suppose to give way... |
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