I hopped into my G35 w/ a coworker to go out for lunch. As I inched out of the parking spot slowly, a jeep smashed into me and spun me about 45 degrees. So who's fault is this? This occurred on private property so the police officer did not issue any citations. I was also told that the car in the lane had the right of way, thereby meaning I was at fault. But what I don't get is that this guy clearly hit my car. I did not back into him. Why should my insurance pay for the damage on his car? His car had to have been going pretty fast to move my car the way it did, and I just don't understand how this is my fault. It pisses me off right now, that he can blaze through the parking lot at relatively high speeds and get off the hook for it. Looking at my car, I see a new bumper and taillight going on. man this really sucks.

2003 Laser Red Infiniti G35 Coupe
1986 Guard's Red Porsche 951<P ID="edit"><FONT class="small"><EM>Edited by chinaman on 09/07/04 11:11 AM.</EM></FONT></P>

 

technically, its your fault, BUT if he was speeding, then it was his fault... i think he was speeding cause if he was going the legal limit (5 mph??) in a parking lot, he must have had enough time to stop before hitting you... also, you spun 45 degrees????!!!! he MUST have been speeding!!! tell this to your insurance and you should not be liable!

good luck!

04 / Black Obsidian / Graphite Leather / aero / splash / prem / perf / cc / 22%tint
z-tube / k&n drop-in / Stillen anti-sway bars
Eclipse AudioVideoNavigation 2454 / side-blinker mod

 

I would consult with an attorney in your area. Laws differ by state but in most cases, the person in the lane has the right of way.

Your state may have the Last Clear Chance doctrine, which basically states that if the plaintiff (the other driver in this case) had a clear chance to avoid the accident and didn't, he won't be able to collect from you. It sounds like there isn't enough to go on here since you obviously didn't see him and couldn't argue that he did have the clear opportunity to stop.

Your state will also have laws on comparative and contributory negligence, (usually one or the other). The first will decrease your liability by the percentage the other person was at fault (if any). In the second, if the other driver was at fault at all (even 1%), then any recovery is barred.

 

Sorry about your accident, i just had a little comment. You said you were inching out of the parking spot slowly, but even that doesnt make it safe. You apparently didn't even bother to look over your shoulder to see behind you, or your sides for that matter. What if there was a car stopped behind you? You would've hit that guy. The man in the jeepmay have been speeding in the parking lot, but you should've been looking.

If you take offence to what i'm saying then im sorry, its just my opinion.

2003 6MT Laser Red Coupe, Premium, Chrome 18's, JWT Pop Charger, Z Tube- back
My crashed baby =( 2005 Subaru WRX STI Obsidian Black Pearl

 

There is also Modified comparative. IIRC, this means if you are 51% or more at fault, you can not collect damages from another party. But if you are 50% or less at fault, then you can collect up to the other party's percentage of fault against you. I work a pure comparative state so I am not certain of this off the top of my head, but it is something like this.

As far as liability in a case like this, the person backing has the primary duty to make sure it is safe to back before and during the backing movement. It is every driver's duty at all times to pay attention(lookout) and avoid accidents when they can. But that is generally a secondary duty and can be hard to prove in most cases. Usually an independent witness is key in a situation like this. A person that backs into or into the path of someone will not have seen ther other party prior to the impact. So that person is generally not very credible in terms of witnessing a lack of avoidance. And unless the other driver admits to not paying attention or avoiding an accident(which is rare) you have little evidence to actually stand on.

Speed may be an issue here, but I wouldn't expect either insurance company to absolve you of liability completely. This will be a judgement call based on the circumstances. With liability, the actual speed limit itself is not of concern. Safe speed for conditions present is. For example, speeding in an empty parking lot will have less of a factor on liability than speeding in a crowded parking lot. I wouldn't necessarily say that going 5 mph gives anyone enough time to stop. That involves a lot of factors (visibility, timing, distance, etc) but the damages to your car and your car being rotated 45 degrees can be a significant factor in proving speed.

Talk to your adjuster. Give your statement of the facts of the loss. Discuss your opinion. He may disagree with you, but get it out on the table. Don't be intent on swaying the adjuster's onpinion before an actual decision is made. Once it is made, if you disagree, address it at that time while asking what the liability decision was based on. If there is something that might change his opinion or some part of the investigation he might have missed, bring it to his attention. The adjuster may still have a different opinion than your own at this point. If you want to pursue it further, you can try to negotiate yourself a better deal with the other carrier, or take the matter to court to have it decided. Keep in mind that in court a judgement can be awarded against you for the amount you are liable(this will show up on your credit record) and it is also possible that the judge may award the other party the full damages and award you nothing. But if you do decide to go to court, let your adjuster know. He might hold off on a liability payment pending the outcome. And he may want to be there to help defend your position as well.

 

Lets not make assumptions. While it is more than likely that in a backing situation, the backing party does not see the other vehicle before an impact, but every loss is different. You do not know if there are any visual obstructions or other factors at work here. He never said one way or another. Nor is there enough fact or both sides of the story explained in this post to properly assess liability. And the car was not stopped behind him. So that point of argument is totally irrelevant.

On a side note, I did see someone make a very responsible decision to have a passenger get out of the car to make sure cars weren't coming as she backed out of a parking space next to a large van.

 

hey guys, thanks for the responses.

G35Fanatic, no offense taken. I don't blindly back out of parking spots as you imply. I inched out slowly because a van was blocking me. I did look over my shoulder to see if there were any cars. It was a case of he was not there one second and then I saw him appear in the corner of my eye. That is when I feared the worst was to happen. I can assure you I always look to see if its clear to go before doing so. He could have hit my car a lot worse but thankfully the damage was relegated to the rear only.

I've pretty much chalked this one up to another learning experience. The only thing I am upset about is that this guy was driving way too fast for a parking lot. Like GRider said, if he was going 5 mph then I don't think there would have been a problem. Perhaps an exchange of ugly looks and hooks but nothing more. But if I were to back right into someone, I will be the first to say, shame on me.

2003 Laser Red Infiniti G35 Coupe
1986 Guard's Red Porsche 951

 

CKwik,

man I wish I had done exactly what you saw(about having the other person watch). I'll remember to do that for sure next time.

The jeep did not have any significant damage I could tell besides a dent and a flat tire. I could not see any other damage.

I am also very thankful that my car did not hit the car parked beside it.

2003 Laser Red Infiniti G35 Coupe
1986 Guard's Red Porsche 951