QuestionI recently got in a car accident a couple weeks ago where another car backed into my car while my car was standing still and waiting for an empty parking space. My back bumper was completely scratched up but the other driver refused to take responsibility because she claimed it was my fault. Technically the parking lot was a one way street and my car was facing the wrong direction because I accidentally passed the empty space and needed to go back. When the police came, they couldn't do a report because it was in a private lot and he said that it wasn't my fault because the rules of the road doesn't apply in private lots and that it was the other driver's fault for not looking behind her before she backed out so I should be fine.
I filed a claim through my insurance and the other driver filed a claim through their's so now there's a dispute because they cant settle who's at fault. I was just wondering if the police officer was right and the other driver was at fault? Thank you.
AnswerHi Linh,
This appears to be simple at first, but I am going to put in a little time for you because there can be long term adverse insurance consequences if this turns out to be an "at-fault" accident designation against you.
Parking lot driving does bring a lot of accidents, maybe because people feel that since they are not out on the road they can relax their vigilance. That is apparently what the other driver did in this case.
In direct answer to your question, the police misspoke. They meant that there is no citation to be given on private property (other than DUI or other willful or criminal driving acts) since the legislature has not extended those minor traffic statutes to private property.
BUT, as a matter of law, the general civil law tort (i.e. a private cause of action for negligent injury to person or property) rules of the road DO apply within the parking lot. There are two rules of the road to consider here.
#1 is your facing the wrong way. #2 is her failure to clear traffic before moving her vehicle. Hence, first is whether or not your facing the wrong direction had any bearing whatsoever on the accident. And second is whether the other driver violated a rule of the road regarding vigilance before moving your vehicle.
It is a basic tenant of driving that anyone who moves her vehicle can ONLY DO SO after she checks to make sure that the way is clear for her to move. In this case, if she had checked, she would have seen your vehicle and she would have taken precautions to avoid it.
She cannot claim that she did not see your vehicle since the law is that every driver is bound to know what facts are there to be seen if only they had looked.
Hence, it makes no difference whatsoever to her negligence that your vehicle was pointed the wrong way. Either she would have seen your vehicle if she had looked, or if it was not there, then not. But either way, whether it was pointing this way or that way or sideways, or even standing on its end, if your vehicle was there to be seen by her before she backed up, then it was her obligation to exercise vigilance BEFORE she moved her vehicle. In this she failed, and your damages are her responsibility.
I would expect the two companies to come to the same conclusion. If not, you MUST take some action ASAP, unless you can be assured by your company that they are not going to designate this as an "at-fault" accident. If your company has to pay out $$$ and you are mostly at fault, then they will classify this as an "at-fault" accident. If the amount they pay out exceeds a specified amount (i.e. in most states around $750), then your OWN insurer can AND WILL raise your rates.
Hence, DO NOT BE TAGGED WITH AN "AT-FAULT" ACCIDENT label since it will cost you. It would almost be worth it to file in small claims court if that looks to be the result since it is cheaper to fight her in court than face increased rates. The filing fee is less than $50 and no attorneys can appear. If you do go to court, then be sure to take photos and measurements to buttress your case. Judges LOVE that extra effort in proving a claim.
I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
