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Old 04-05-2011, 05:59 PM
 
1,962 posts, read 2,069,658 times
Reputation: 1048
Default Fault in Parking Lot Accidents?

I backed out into a car today in the parking lot at work. The guy I hit is another employee. My bumper (on my 11 year old Taurus) is a little messed up, but the whole side of new (new) Accord is scraped and slightly dented.

I admitted fault at the scene of the accident, but now I'm not so sure it wasn't partially his fault. There is chance I was a space case and I didn't look left (I was looking out the back right when the accident happened) and missed him, but I park in the same damn space every day and have my routine down. He could have pulled out from the row behind me and been on his blackberry. Or I could have just totally missed him. Either way, I cant prove it wasn't my fault.

I'm pretty sure we have surveillance cameras on site. I have no idea how insurance companies handle accidents on private property and if the video will be requested?

Anyone been in a similar situation? He was a jerk and I am a new employee who has never been in an accident before so I was upset and intimidated and probably could have handled it much better. I gave him my insurance info but I didn't get his. He ranks above me and I don't want any repercussions, so honestly, I'm not sure what to do.
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Old 04-05-2011, 06:20 PM
 
Location: Flower Mound TX
94 posts, read 139,441 times
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My wife backed out of her spot in her company lot - supposedly, at the same time, another lady was doing the same thing, albeit in the opposite direction - they met in the middle and nipped bumpers - police told each to claim on their own insurance
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Old 04-06-2011, 06:29 AM
 
Location: TX
3,029 posts, read 7,457,015 times
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Actually the person BACKING out of the parking space is at fault. You are backing inot traffic with a right of way.

Just went though this with my daughter at her HS, she was was not moving waiting for a space and a girl backed right inot her. Officer who filedthe report said it didn't matter how many times the girl changed her story, she was at fault since she was BACKING into oncomming traffic.

NOW with that said...most parking lots are PRIVATE and will not fall under police juristiction.
So, if no police report was filed, I assume you both claim on insurance and the company's will sort it out.

You are at fault. Sorry man up and pay to have her car fixed. Yes it sucks that your car is older and she has a new car and you did alot of damage. But what if the situation was reversed? You would be on here saying it was still her fault and she should fix your car.
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Old 04-06-2011, 08:24 AM
 
1,962 posts, read 2,069,658 times
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I noticed where he parked today as I came in. If he parks in the same spot every day, he pulled forward into the thoroughfare just a few spaces from where I was backing out, which would explain why I didn't see him when I checked out my back left.

At any rate, I'm just going to let the insurance handle it.
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Old 04-06-2011, 08:25 AM
 
14,413 posts, read 26,333,468 times
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the trick with accidents when there is no injury to persons but to the autos is just to say NOTHING-
except your name, ID info, proof of insurance--

if you are at all concerned about how this accident will reflect on your rep at this new job--it is not the accident so much as your ATTITUDE about it that might come in to play--unless this person is a direct superior of yours

report the accident to your insurance company--they will likely tell you that you are at fault whether he was wide awake or having sex in front seat--
you backed out INTO him--He had the right of way--
and sounds like his car has too much damage for you to cover w/o filing a claim

you can bet HE called his company and it will be calling yours--get your notice in--
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Old 04-06-2011, 08:42 AM
 
1,519 posts, read 3,430,959 times
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It's definitely more complicated in a parking lot, but police certainly be called to make a report. I understand why you wouldn't want to do that with another employee.

Usually whomever is moving their vehicle is at fault, as a general rule. But the person getting hit can share responsibility as well. I would just claim it on your own insurance.
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Old 04-06-2011, 08:42 AM
 
1,006 posts, read 2,336,036 times
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I don't think it's as clear as L2R says. Parking lot speed limit is usually 10Mph. If the car with the right of way "speeds" it may be impossible for the car backing out of a spot to avoid a collision.
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Old 04-06-2011, 09:03 AM
 
14,413 posts, read 26,333,468 times
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if the insurance company feels that its client is being abused by the other party claiming foul they can deal with that

it is true that the speed limit could have been abused or that the other driver could have been distracted-but the point is HOW to prove it
there was no officer called to take statements at the scene--the other driver offered no hint that he was doing anything wrong--
do you think he will admit after the fact that he was speeding when the OP was admitting guilt at the scene--and now decides to retract that statement--
best bet is to keep your mouth shut about guilt--report to your insurance company--and let them deal with settling the claim
and the OP could still be taken advantage of and not be completely at fault--

the OP should mention that there could be possibility for visual evidence of the accident vis a vi the security camera footage--
but remember that lot of that gets written over within a short time frame so that accident is likely NOT on company video if the insurance company does not request it quickly--and that might not even happen w/o some legal wrangling

this is not going to the level of requesting cell phone records to see if the other driver was on his phone--it is not a criminal proceedings or someone suing for personal damages in civil case--

it is a fender bender in company parking lot--
IF the OP wants to really get a rep at this new company for being someone difficult to deal with--then LET the OP make a big deal about being taken advantage of by the other driver--

IF the OP has just kept quiet at the accident--made NO admission of guilt--and traded info/insurance--then there might be room to roll all the blame of questioning the role of the other driver in causing the accident on to the insurance company and the OP being just swept along

BUT the OP admitted fault--don't you think the other driver told that to HIS insurance company--they don't forget stuff like that--

My sister was driving to school one morning from north of San Antonio in her pickup truck--
she made a left turn across traffic (with the light) and got slammed by car driven by guy coming down the access road --coming up from behind her--
he was in a car and yet hit her with enough force to overturn her Ford full size pickup truck

she was messed up--lost consciousness--had to be taken to hospital in ambulance--was not really cognizant of talking to any traffic office at the scene--
the other guy was able to run his speil to the country sheriff/constable who came and make her the person to blame--
he had his car taken to HIS house--parked on his private property vs a car repair business where her insurance company would have easier access to view it or the police to come take second look at it

she got blamed for the accident--her insurance company stood by her--even when the driver of the other car tried to claim damages above the insurance settlement and tried to sue her personally--

so I know that people who are at fault aren't always held responsible--but that is just fact of life--

The OP said that s/he knows where the other driver parked--that it might be the "usual" spot-so the OP should watch how that person pulls out into the parking aisle a couple of times and if there is pattern of speeding--might also report that to insurance company--
but also needs to be aware of what this behavior might generate in backlash...

frankly I would park as far away from that other guy as possible from now on---
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Old 04-06-2011, 09:59 AM
 
Location: TX
3,029 posts, read 7,457,015 times
Reputation: 1270
Quote:
I don't think it's as clear as L2R says. Parking lot speed limit is usually 10Mph. If the car with the right of way "speeds" it may be impossible for the car backing out of a spot to avoid a collision.
NO it doesn't matter waht the driver is doing, the person BACKING (or pulling forward) out of a PARKING space is at fault!

Just went through this with my daughter, had a police report filed etc...
I know this, because we got concerned when the girl changed her story from..."oh it was my fault, I didn't see you" (MY daughter was sitting still and honking the horn...4 witnesses saw it) TO..."she was speeding around the vcorner and I was already backing out...she ran into me."
Police said..it doesn't matter, the one leavingthe spot is at fault. Also the photo's show that where she hit my daughters can and the scrape on hers...it was just as my daughter said.
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Old 04-06-2011, 10:39 AM
 
1,519 posts, read 3,430,959 times
Reputation: 1431
Quote:
Originally Posted by 5stones View Post
NO it doesn't matter waht the driver is doing, the person BACKING (or pulling forward) out of a PARKING space is at fault!

Just went through this with my daughter, had a police report filed etc...
I know this, because we got concerned when the girl changed her story from..."oh it was my fault, I didn't see you" (MY daughter was sitting still and honking the horn...4 witnesses saw it) TO..."she was speeding around the vcorner and I was already backing out...she ran into me."
Police said..it doesn't matter, the one leavingthe spot is at fault. Also the photo's show that where she hit my daughters can and the scrape on hers...it was just as my daughter said.
Rarely is someone 100% at fault in an accident, legally speaking. Both parties share some blame. But the person leaving the spot in that case may in fact have more than 51% of the blame.

That's what I think L2R is saying... I think.
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