Auto Insurance Claims: RIGHT OF WAY, insurance expert, accident liability


Question
IN A PRIVATE PARKING LOT LIKE WALMART. IF I AM GOING STRAIGHT IN MY LANE AND ANOTHER CAR APPROCHES FROM THE LEFT IN MY DIRECTION AND TURNS IN FRONT OF ME WITHOUT WARNING AND WE COLLIDE WHO HAS THE RIGHT OF WAY. IT WAS TWO SNOW BANK IN TO HIS LEFT AND RIGHT HE COULD NOT SEE NEVER STOPPED. THERE WERE NO STOP SIGNS AND NO SIGS AT ALL. HOW EVR THE ARROW WAS POING UPWARD FOR THE OTHER DRIVER GOING IN THE PWARD DIRECTION NOT POINTING LEFT.

Answer
Hello Helen,

The issue here is who had the last chance opportunity to avoid the impact.  You say that the other driver turned in front of you without warning. He has a responsibility to pull up slowly so that he can see.  However,I think the issue is that while he could not see you, you apparently could see him.

Logically, if you were going straight and he had to turn, generally speaking he should yield to you.  However, if you can see him coming, you need to prepare for the possibility that he will turn - regardless of arrows or even signs.  Since you could see him and he could not see you,  that would give you the last chance to avoid the accident.

I have no idea what you are saying here:  HOW EVR THE ARROW WAS POING UPWARD FOR THE OTHER DRIVER GOING IN THE PWARD DIRECTION NOT POINTING LEFT.  

Arrows are not the issue. My opinion is that while the other driver has some culpability because he turned in front of you "without warning", you are more at fault because (1) you could see him coming and (2) you had the final chance to avoid and you did not.

As for some reference to arrows, I would say that really has no bearing. Sorry for the bad news.

Jane