Questionokay so today at school i backed up with my wheels turned in, checking rear first then the two sides, and as i was about 70% finish with my turn looking out on the side a white van, in the parking left to the one directly behind me, backed up and hit the corner of my car exactly right under my driver side taillight. I tried to ask the officer to file the police report but he kept saying that it would only be a 50/50 claim because he claimed we where both backing up. My car was the only one to receive damage and it bent my frames on my car driver side. Who has the right of way?
AnswerHello,
Here is your situation as I see it. It surprises me that a cop even was their because a parking lot is not a roadway and is treated as private property where the cop has no jurisdiction on vehicular accidents.
There may have been an excption to this rule in your area, but cops normally do not get involved.
In your situation there is no traffic rules for right of way on private property. It simply is not a road way in which traffic rules can be enforced.
Just as an example. Say there is a posted 15 mph speed limit. Someone does 35 (hopefully not) there in no way to enforce it. Even if you call the cops, a speeding ticket can not be given because there is no authority for the cop to issue a ticket on private property.
Now, from your description, I would have to agree with the cop at 50/50. It was a feak thing both of you backed up at the same time and maybe both enjoyed blind spots at the same time and that is why they are called accidents.
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