QuestionI have a follow-up to a question you recently answered. Below is the original question and your original answer.
Original Question:
I was involved in a minor "parking-lot" auto accident. The other car was backing out of a parking spot. I was reversing in the normal traffic lane to position myself to take a parking spot. We collided with the other car's corner of the rear bumper striking me in the side of my rear bumper. The officer told me it's my fault because "I shouldn't have been backing up". He wrote the police report to favor the other driver. How do I definitively find out if I'm at fault or not. Accident is in state of NJ. Not an "I think..." or "probably...", but how can I find out once and for all, what rules are applied to determine fault in this case. I need to know this in order to determine if I should file a claim or I'm better off not filing a claim. Thank you.
Richard's Initial Answer (7/20):
Parking lot accidents are among the most difficult to determine fault. If the lane you were backing up in was a one way lane with angled parking then you would be at fault because the other driver had no reason to think someone would be comming the other way. If, however, it was straight in parking and a 2 way lane, then it could be the fault of the other driver. In most cases where both vehicles are backing up and a collision occurs it will be decided that liability rests with both driver and they will assign 50/50 liability.
Follow-up Question (7/28):
In response to your answer, the parking spaces were NOT angled - it's "straight-in" parking. But the lane I was in was also considered a "one-way" lane, but there are no signs or pavement arrows indicating this - you're just "supposed to know" apparently. You mention that "if" the lane I was in is a "one-way" lane, then "the other driver has no reason to think someone is coming the other way." I'm looking for answers to three specific questions: (1) I find it hard to believe that a person backing up in a parking lot lane has more fault than a person backing out of a parking space, especially if there are no markings. In your opinion, who would be more likely to have a higher "degree of fault" if a claim were to be submitted?(2) An insurance agent I talked to told me that the actual "fault determination" is made by the police officer and only the police officer. So if the officer wrote the report up indicating that "I" was backing up carelessly, then that's it - I'm at fault! The insurance company simply goes off that and that's it? Is this true? Can/will an insurance company "override" a police officer's actual fault determination? I thought the officer was supposed to simply fill out the facts, not make the actual "end-all" decision? (3) "If" I'm found to be 80% at fault (New Jersey), can I get 20% of my damages paid by the other insurance company (or even my own without having to go through my collision)?
Sorry for being long-winded, but I can't seem to get straight answers out of anyone! I'm begging for someone to give me some answers and can't seem to get them from anyone. Thanks!
AnswerHi Bruce,
I am not an attorney in New Jersey. Each state has it's own set of laws and each insurance company has it's own way of handling things. A police report is only a tool to be used in the determination of liability. If someone broke a law and recieves a citation that is a good indication of fault. However, I have seen situations where a police report indicates who the police officer feels was at fault and even issued a citation and then the insurance adjuster makes a completely different liability decision. The insurance company is not obligated to accept the findings of the police report if there is any ambiguity in either the facts of the accident or the laws that may apply to the situation.
There are 3 types of liability that affect whether you can collect a percentage of your loss. In some cases if you are found to be 1% at fault you can not collect anything from the other party. In others the person fount to be 51% at fault is responsible for the entire claim. I do not know which type applies in New Jersey. You would have to speak to a New Jersey attorney for an answer or perhaps your insurance company would tell you.
The liability decision will be made by the claims adjuster based of taking statements from all parties involved and by reviewing the police report. If you do not agree with the adjusters decision, then you can file a law suit against the other driver and the judge will make the ultimate decision.
I hope this helps
Richard Hixenbaugh
