Car accident, really werid case, who is at fault??
Question: Ok so here goes.
I was driving straight through a parking lot. AS I passed by this guys tahoe, he pulled out and ended up backing into my car HARD, 5,500$ in damages so far. He took out my back door, my wheel, and my bumper. SO if you can visualize this, he T-boned me, but by backing up into me as I was driving by.
Then he gets out and tells me he didnt' see me coming because of the car parked next to him. IS he at fault? Because I have a 1000$ deductible.
Now here is the thing, he was saying I must have been coming fast; who the f cares? If I was going faster I would have avoided him, if slower he would have pulled out and I would have T-boned him. SOOOO any opinions?
AND should I get a lawhyer to get his insurance to pay? Or should I file the cliam with his insurance? OR shouldd I file it with mine, pay the 1000$, then let them attempt to get it?
Answers: i didn't read all of it, but in lousiana i think parking lots are no fault accidents.
It sounds like it should be his fault. You should contact your insurance company and let them know what happened. They will hire a lawyer to represent you if you need one. It shouldn't cost you anything.
Both could be at error.
He is the one merging into the bigger street.
However, if they can show that you were going over the speed limit in a parking lot, then you are at fault for speeding and at most a speeding ticket.
I dont know what to do with insurance though.
Private property accidents are not handled like on-road accidents. Each parties insurance will cover the other's damage. Or each will cover their own, depending upon how they work it out.
Private property accidents are no-fault accidents.
You were in the lane, he was in a parking space. You clearly have the right of way regardless of how fast you were going.
As for collecting, my advice is to seek the advice of your insurance company. After all, this is what you pay them for and they have teams of lawyers that do nothing but take care of these sort of things.
What a douche! This guy is clearly at fault!
Just maintain that you were driving a safe speed and that he backed into you, so obviously he is at fault.
If his insurance won't pay then definitely get a lawyer to make him pay for the collision and the lawyer!
I've paid the 1000$ deductible on three times so far and it sucks :(
If you can afford your deductible go through your insurance company they will remiburse you if they are able to prove your claim against his insurance carrier, if you want try to file against him on his policy it all depends on the adjuster wand what story he tells his insurance company, from experince file with your if you can afford the deductible if you cant then fight with his insurance company NO NEED for a lawyer unless your injured, and dont say you were speeding or going fast in the parking lot. check out GLOBALWIDEINSURANCE.COM
If he was backing out, it's his fault. You have to watch where you're going. Maybe you were going fast, but that's why we KEEP LOOKING while we pull out.
I had almost exactly the same thing happen to me a couple of years ago. Simple answer is the other driver is at fault. When someone reverses out of a parking spot they should only do so when it is safe to. ie: when theres no other car coming. If they cant see they should back out very slowly.... the other driver in this situation obviously didnt or he wouldnt have hit your car.
First, you should let your insurance company determine who was at fault. They have the money to hire good attorneys.
In the strictest sense the accident is probably provable as being his fault because of where he hit you. However parking lot incidents are on private property and police accident investigators are not going to get involved. If you have to pay anything, I would take the claim to small claims court and get at least five grand back.
Although the police sometimes say a parking lot is a civil matter that they won't look at, or that both parties need to contact their own insurance, as a general rule the person BACKING UP would be at fault.
I'm not sure why you think this is a weird case. This type of accident happens a thousand times each day. Let me suggest the following;
For God's sake do NOT get a lawyer to handle this for you. Most don't understand a thing about liability or vehicle repairs or values. A good ethical attorney would tell you that you do not need an attorney to handle this claim.
Considering that the point of impact (POI) is behind your line of sight I would report the claim to the other company and pursue them for 100% of your damages.
Regardless of what some of the other answers state private property accidents are not No-Fault claims. In most states, Police can't issue tickets for parking lot accidents. But in most states both insurance companies can and will surely look at who is at-fault via comparative negligence.
From your description you should not be at fault. However, don't be surprised if the other company wants to apply some comparative negligence to you in order to reduce your claim. Depending on the facts that is a legitimate thing to do. If they can prove you were speeding then you can expect a reduced offer. However, it is very difficult to prove speeding. Claiming you were speeding is easy proving it is not likely.
If the other company accepts 100% of the liability they should cover 100% of the car repairs (or car value if it is totaled out) without a deductible. They would also owe you for a rental car.
IF they do not accept 100% of the liability and make a comparative negligence offer of let's say 80% then you should collect from your own company. If the other company pays 80%, the other 20% has to come from your own pocket. Your company will pay you 100% less the deductible. Your company will then go back to the other company and either try to negotiate a higher settlement or accept the 80% and collect back 80% of your deductible
If the other company won't pay 100% then this becomes a simple math problem. Would you rather be out 20% of the $5500.00 ($1100.00) or 20% of your deductible ($200.00)
Friend, you have the right of way. The law states that he must look for coming traffic prior to pull back..
Private Roads and driveways - when entering or crossing a road street or highway from a private road, alley building or driveway after stopping prior to the sidewalk, you shall yield the right-of-way to all approaching vehicles and pedestrians.
He's at fault, especially if he hit you hard enough to cause over $5000 in damage. I have backed into 4 people before and even with the one that was speeding I was at fault. Go through his ins first, if they won't pay then go through yours and let your ins go after him. Most ins take the deductible out of the money they pay out to fix your car, when they get the money from his ins, they will refund your deductable.
It's his fault.
Suck it up and claim this under your OWN insurance. You have no idea how sh*tty a parking lot accident can get and it will be well worth the initial $1000.00 to let your insurer handle this mess. Most likely you will get your deductible back when your insurance company subrogates the other insurer.
P.S. -- a lawyer will only cost you money.
First of all, it depends on the negligence laws of the state you were in at the time of loss. Some states have what is know as pure comparative negligence which means that more than one person could be at fault for an accident anywhere from 1-100%.
In the case of most accidents, the person backing has the greater duty to be careful as they are changing their course of direction. The person in the parking aisle also has a duty known as proper lookout which means you should proceed with caution in a parking lot and be able to see and avoid backing vehicles and pedestrians that may be present .
Based on the point of impact on your vehicle, itseems that you may have been all the way behind the other driver and there would have not been any way you could have seen him.
My advice is the file a claim with his insurance company and if they give you any problems then file a claim with your company. Your insurance will be able to argue the liability on your behalf if necessary.
An attorney would be a waste of time and money and would only serve to complicate the process.
I was driving straight through a parking lot. AS I passed by this guys tahoe, he pulled out and ended up backing into my car HARD, 5,500$ in damages so far. He took out my back door, my wheel, and my bumper. SO if you can visualize this, he T-boned me, but by backing up into me as I was driving by.
Then he gets out and tells me he didnt' see me coming because of the car parked next to him. IS he at fault? Because I have a 1000$ deductible.
Now here is the thing, he was saying I must have been coming fast; who the f cares? If I was going faster I would have avoided him, if slower he would have pulled out and I would have T-boned him. SOOOO any opinions?
AND should I get a lawhyer to get his insurance to pay? Or should I file the cliam with his insurance? OR shouldd I file it with mine, pay the 1000$, then let them attempt to get it?
Answers: i didn't read all of it, but in lousiana i think parking lots are no fault accidents.
It sounds like it should be his fault. You should contact your insurance company and let them know what happened. They will hire a lawyer to represent you if you need one. It shouldn't cost you anything.
Both could be at error.
He is the one merging into the bigger street.
However, if they can show that you were going over the speed limit in a parking lot, then you are at fault for speeding and at most a speeding ticket.
I dont know what to do with insurance though.
Private property accidents are not handled like on-road accidents. Each parties insurance will cover the other's damage. Or each will cover their own, depending upon how they work it out.
Private property accidents are no-fault accidents.
You were in the lane, he was in a parking space. You clearly have the right of way regardless of how fast you were going.
As for collecting, my advice is to seek the advice of your insurance company. After all, this is what you pay them for and they have teams of lawyers that do nothing but take care of these sort of things.
What a douche! This guy is clearly at fault!
Just maintain that you were driving a safe speed and that he backed into you, so obviously he is at fault.
If his insurance won't pay then definitely get a lawyer to make him pay for the collision and the lawyer!
I've paid the 1000$ deductible on three times so far and it sucks :(
If you can afford your deductible go through your insurance company they will remiburse you if they are able to prove your claim against his insurance carrier, if you want try to file against him on his policy it all depends on the adjuster wand what story he tells his insurance company, from experince file with your if you can afford the deductible if you cant then fight with his insurance company NO NEED for a lawyer unless your injured, and dont say you were speeding or going fast in the parking lot. check out GLOBALWIDEINSURANCE.COM
If he was backing out, it's his fault. You have to watch where you're going. Maybe you were going fast, but that's why we KEEP LOOKING while we pull out.
I had almost exactly the same thing happen to me a couple of years ago. Simple answer is the other driver is at fault. When someone reverses out of a parking spot they should only do so when it is safe to. ie: when theres no other car coming. If they cant see they should back out very slowly.... the other driver in this situation obviously didnt or he wouldnt have hit your car.
First, you should let your insurance company determine who was at fault. They have the money to hire good attorneys.
In the strictest sense the accident is probably provable as being his fault because of where he hit you. However parking lot incidents are on private property and police accident investigators are not going to get involved. If you have to pay anything, I would take the claim to small claims court and get at least five grand back.
Although the police sometimes say a parking lot is a civil matter that they won't look at, or that both parties need to contact their own insurance, as a general rule the person BACKING UP would be at fault.
I'm not sure why you think this is a weird case. This type of accident happens a thousand times each day. Let me suggest the following;
For God's sake do NOT get a lawyer to handle this for you. Most don't understand a thing about liability or vehicle repairs or values. A good ethical attorney would tell you that you do not need an attorney to handle this claim.
Considering that the point of impact (POI) is behind your line of sight I would report the claim to the other company and pursue them for 100% of your damages.
Regardless of what some of the other answers state private property accidents are not No-Fault claims. In most states, Police can't issue tickets for parking lot accidents. But in most states both insurance companies can and will surely look at who is at-fault via comparative negligence.
From your description you should not be at fault. However, don't be surprised if the other company wants to apply some comparative negligence to you in order to reduce your claim. Depending on the facts that is a legitimate thing to do. If they can prove you were speeding then you can expect a reduced offer. However, it is very difficult to prove speeding. Claiming you were speeding is easy proving it is not likely.
If the other company accepts 100% of the liability they should cover 100% of the car repairs (or car value if it is totaled out) without a deductible. They would also owe you for a rental car.
IF they do not accept 100% of the liability and make a comparative negligence offer of let's say 80% then you should collect from your own company. If the other company pays 80%, the other 20% has to come from your own pocket. Your company will pay you 100% less the deductible. Your company will then go back to the other company and either try to negotiate a higher settlement or accept the 80% and collect back 80% of your deductible
If the other company won't pay 100% then this becomes a simple math problem. Would you rather be out 20% of the $5500.00 ($1100.00) or 20% of your deductible ($200.00)
Friend, you have the right of way. The law states that he must look for coming traffic prior to pull back..
Private Roads and driveways - when entering or crossing a road street or highway from a private road, alley building or driveway after stopping prior to the sidewalk, you shall yield the right-of-way to all approaching vehicles and pedestrians.
He's at fault, especially if he hit you hard enough to cause over $5000 in damage. I have backed into 4 people before and even with the one that was speeding I was at fault. Go through his ins first, if they won't pay then go through yours and let your ins go after him. Most ins take the deductible out of the money they pay out to fix your car, when they get the money from his ins, they will refund your deductable.
It's his fault.
Suck it up and claim this under your OWN insurance. You have no idea how sh*tty a parking lot accident can get and it will be well worth the initial $1000.00 to let your insurer handle this mess. Most likely you will get your deductible back when your insurance company subrogates the other insurer.
P.S. -- a lawyer will only cost you money.
First of all, it depends on the negligence laws of the state you were in at the time of loss. Some states have what is know as pure comparative negligence which means that more than one person could be at fault for an accident anywhere from 1-100%.
In the case of most accidents, the person backing has the greater duty to be careful as they are changing their course of direction. The person in the parking aisle also has a duty known as proper lookout which means you should proceed with caution in a parking lot and be able to see and avoid backing vehicles and pedestrians that may be present .
Based on the point of impact on your vehicle, itseems that you may have been all the way behind the other driver and there would have not been any way you could have seen him.
My advice is the file a claim with his insurance company and if they give you any problems then file a claim with your company. Your insurance will be able to argue the liability on your behalf if necessary.
An attorney would be a waste of time and money and would only serve to complicate the process.
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