When two cars collide in a north carolina parking lot who is liable??
Question: my daughter was trying to easy out of her parking space, could not see , puuled slighty forward and someone that was driving really fast hit the bumper of her car ripping it off. who pays /
Answers: If the car that hit her was in the aisle traveling in the parking lot, she is at fault. She has the greater duty to pull out only when it is safe to do so. Cars in the aisle have the right of way. If speed can be proven (which is difficult without a witness or a cop there clocking the person) she could be found contributorily negligent (the other driver). North Carolina has contributory negligence, which says if you are even 1% at fault you cannot recover from the other person. However, based on what you're saying, your daughter is 100% at fault.
whoever the judge says...
Your insurance company.... unless u take them to small claims court/civil suit. I had this happen to me twice! (i worked at a mall for years) You are on private property in a shopping mall or store parking lot.....No laws or rules of the road there, I am afraid! Cops can't do much at all! It is normally a losing situation unless you and the other guy has good insurance.
If they can prove that the person was speeding and not paying attention to other vehicles then they will have to pay. Same thing happened to my mom, and she was gonna have to pay, until they determined that the person who hit her was not paying attention to cars that were pulling out.
I suspect that it is up to the policeman to determine the cause of the incident. If he doesn't asign fault, it will be up to each driver's collision insurance to cover the cost. If they don't have collision, they must come up with the cash.
The car moving in the lane has right of way over the parked car.
you pay look at your statement she was backing but could not see unsure clear distance is the violation
The insurance pays...and whoever the police find at fault will pay higher premiums.
Based on the fact that your daughter didn't yield the right of way...regardless of speed of the other car, she is at fault. She would really have to prove the other driver was driving recklessly to have a chance of not being found at fault.
When two cars collide in a North Carolina parking lot who is liable?
The obvious answer is George Bush! He's being held responsible for everything else happening in the world, why not this?
In North Carolina, a parking lot is considered by the police as private property, they have no jurisdiction on who is at fault, unless it is a hit and run or some other criminal offense involving a motor vehicle. They will only do a exchange of information and a police report for insurance purposes. The insurance companies will dispute who is at fault
The person pulling out of the parking space has a duty to make sure the way is clear before pulling out. Unless your daughter knows of an unbiased witness that can say that the other vehicle was speeding, you daugter is 100% at fault.
Answers: If the car that hit her was in the aisle traveling in the parking lot, she is at fault. She has the greater duty to pull out only when it is safe to do so. Cars in the aisle have the right of way. If speed can be proven (which is difficult without a witness or a cop there clocking the person) she could be found contributorily negligent (the other driver). North Carolina has contributory negligence, which says if you are even 1% at fault you cannot recover from the other person. However, based on what you're saying, your daughter is 100% at fault.
whoever the judge says...
Your insurance company.... unless u take them to small claims court/civil suit. I had this happen to me twice! (i worked at a mall for years) You are on private property in a shopping mall or store parking lot.....No laws or rules of the road there, I am afraid! Cops can't do much at all! It is normally a losing situation unless you and the other guy has good insurance.
If they can prove that the person was speeding and not paying attention to other vehicles then they will have to pay. Same thing happened to my mom, and she was gonna have to pay, until they determined that the person who hit her was not paying attention to cars that were pulling out.
I suspect that it is up to the policeman to determine the cause of the incident. If he doesn't asign fault, it will be up to each driver's collision insurance to cover the cost. If they don't have collision, they must come up with the cash.
The car moving in the lane has right of way over the parked car.
you pay look at your statement she was backing but could not see unsure clear distance is the violation
The insurance pays...and whoever the police find at fault will pay higher premiums.
Based on the fact that your daughter didn't yield the right of way...regardless of speed of the other car, she is at fault. She would really have to prove the other driver was driving recklessly to have a chance of not being found at fault.
When two cars collide in a North Carolina parking lot who is liable?
The obvious answer is George Bush! He's being held responsible for everything else happening in the world, why not this?
In North Carolina, a parking lot is considered by the police as private property, they have no jurisdiction on who is at fault, unless it is a hit and run or some other criminal offense involving a motor vehicle. They will only do a exchange of information and a police report for insurance purposes. The insurance companies will dispute who is at fault
The person pulling out of the parking space has a duty to make sure the way is clear before pulling out. Unless your daughter knows of an unbiased witness that can say that the other vehicle was speeding, you daugter is 100% at fault.
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