Auto Insurance Claims: Parking Lot accident, state insurance commissioner, parking lot accident

Question
I was recently pulling into a parking lot feeder lane with rows of parking down both sides. I turn into the lane and pull into a tight spot and begin to straighten up. As I reverse to straighten up, I hit/get hit by a car backing out as well. We both hit out rear, driver-side bumpers. She said she saw me pull in and assumed I was done parking. I had no way of knowing she was in her car as I pulled in the first time but I failed to see her as I backed out to park straight. I would imagine we are both at fault, but she is claiming I am 100% at fault. We had said we wanted to leave insurance out of this, but once she realized I wasn't offering to pay for her car she changed her tune. What will the at-fault % be?

Answer
Hi Mark,

The rules of the road pertain in parking lots.  No one can move his car unless he clears the way to see that it is safe to do so.

She relied upon what she had seen moments before.  Is this a sufficient lookout?  Probably not.  She has the duty to check her mirrors during the entire backup.

And of course you also have the same duties.  

If it were up to me, I would say that you called it just about right: 50/50 split.

Ahhh. . . . now we come to the bonus info: the reason why you pay me the big bucks!  Call your state insurance commissioner http://www.settlementcentral.com/links.php

Ask what constraints she has put on the designation of an at-fault accident for purposes of considering a rate increase.  This will help you to figure out whether or not to pay her 100% if she insists on contacting insurance.

For example, if her damages were $749, then you get to report it to your insurance, make them pay the bill, AND THEY CANNOT RAISE YOUR RATES!  WHY?  Because in my state, the insurance commissioner defined at-fault rate-raising accidents to be ONLY those IN EXCESS of $750.

In the past, when a client in my office for general legal work (not involving an accident) caused a minor accident, we gave them the instructions on how to keep the insurance from raising the rates by working with their victims.

Let's say that your state also has a $750 limit, above which your insurance can raise your rates.  When the property damage you caused is $900, what do you do?

We instructed the client to gain the cooperation of the victim by paying her $151 plus a $10 gratuity, and let his insurance pay the remaining $749.  The victim simply put in a claim for only $749, and that is all the insurance company could have on their file.  Hence, no raised rates.

Good luck on this, and Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com