Thread: Auto liability question

Hey, I just wanted to ask anyone who may know or have an opinion about this minor accident I was in yesterday.

I was driving in a parking lot lane towards the exit when a parked car a few feet away started backing up, I tried to swervebut I was too close when she started backing up and she backed up rather quickly.
She ended up hitting the back-left side of my car (past the rear wheel) with the back left side of her car.
She wants to settle without an inurance claim but is under the impression we are equally liable (as there are "special" rules for parking lots), when I contest that since she was backing out she is at fault since she should have checked for traffic before backing out.
I have a bunch of scratched paint and a few small dents, and she has similar damage (though a little less bad)

I haven't filed a claim yet, nor reported it to the police.
Does anyone have advice on how to proceed?
Is it possible that the insurance could deem me partial at fault, or is the person backing up usually completely at fault?

Generally, it is the responsibility of the person backing up who has the greatest duty. However, the person with frontal vision is considered to have the last clear chance to avoid the accident. Based on these conflicting rules, most of the time the insurance companies will decide that it is 50/50 liability.
The insurance company will take statements from the drivers and then they will decide who was at fault and for what percent.

I got this from this site
http://en.allexperts.com/q/Auto-Insurance-Claims-2055/

Too bad Randy Moss doesn't frequent the site anymore, I recall a similar situation that he had involving a traffic cop.

But seriously folks.
If she's trying to pay for half the damage and not get insurance involved I would report it unless you don't care that much about your car and would be happy with the cash and no chance of your rates going up.

If you tried to swerve/stop and she hit you you shouldn't be at fault, but that's common sense not the law.

http://en.allexperts.com/q/Auto-Insurance-Claims-2055/parking-lot-car-accident-2.htm

The link above is pretty good info, similar situation from what it sounds.

I always thought (apparently wrong) that parking lots were a no fault zone.

Good Luck IS!

I would file a claim no matter who is at fault.
Protects you from other things that might come down the pipe later.
Did you have a police report done?

No police report yet, though I may end up doing that later tonight or tomorrow, the person who hit me wants to settle out of insurance, so we'll see if that works out.

I was backing out of a driveway and got him by a car. I thought it was my fault but the officer told me if I was more than 1/2 way out of my driveway when I was hit it was the other car's fault because they could have avoided the accident.
Seems strange but their insurance paid for fixing my car.

"ItalianStallion" wrote:

No police report yet, though I may end up doing that later tonight or tomorrow, the person who hit me wants to settle out of insurance, so we'll see if that works out.

I think there is a law that if there is damage over a certain amount you are required to file a police report.
I think for sure you should call your insurance company because if she is saying it is not all her fault then she will not want to for your car. It sounds to me from where she hit you that it would be all her fault anyway. You will still have to pay your deductable though.

Report it, that's what insurance is for.

But I wouldn't report it, because odds are his insurance rates will go up.