I pulling in to my parking space and the security guards wife of my complex hit my bumper as I was pulling into my space... I say she was not paying attention... she says I pulled in frount of her I have live in the same place for four years and no problem before with parking... I need some help there insurance keeps giving me the run around...
2006-06-30 04:38:49 · 21 answers · asked by CreateSomthing 2 in Politics & Government ➔ Law Enforcement & Police
Oh yeah... the huband is a police office...and the security of our complex and now I have gotten two lease vilolations in the past week and I have never gotten one in the four years I have lived here
2006-06-30 04:41:17 · update #1
It is always the fault of person doing the hitting. They should be far enough away from you to see when you are going to be turning, so if they're not it is no one's fault but their own.
2006-06-30 04:41:39 · answer #1 · answered by EvilFairies 5 · 0⤊ 0⤋
No, it's not automatic.
It's somewhat automatic, but not always if someone hit you from behind on a public highway, as there is always a question as to why that person was following so closely to you that he/she could not stop in time. However, if you pulled in front of the other car and that caused him to not have enough space and moment later he hits you, then it can be ruled that fault is at least, partly yours.
Please be reminded, different rules apply in parking lots, as it is not a public road in most jurisdictions. I believe, in my area, any collisions in parking lots are considered mutual fault, unless there are special circumstances.
It's hard to say from your descriptions as to exactly what happend. You living in same place and parking in the same spot have no bearing on who's right and wrong.
Have you called police and is there a police report? If not, it's just your word against hers on detail. This is why you should always call and get a police report, even if it is informational report.
How bad is the damage? Sometimes, it is less expensive in the long run to just fix it yourself and eat the cost.
Good luck.
2006-06-30 11:49:54 · answer #2 · answered by tkquestion 7 · 0⤊ 0⤋
If I were you, I'd get a lawyer - that way you can sue her (or rather her insurance company) for damage, and you can sue the apartment complex for retaliation by her husband (and possibly get out of the lease as well). Make sure you document EVERYTHING surrounding all of this (dates, times, incidents, keep the violation tickets, etc).
Realize that you won't get as much with a lawyer and it may take longer, but in some cases it will be more. Many insurance companies tend to "hold out" so that when they finally do give you an offer, you're desperate to take it, so you settle for less than you could have received.
And yes, it would be her fault, UNLESS if you were backing OUT of the spot. But if you were pulling in, it's her fault.
2006-06-30 11:45:44 · answer #3 · answered by Tygirljojo 4 · 0⤊ 0⤋
It is not always automaticly but it normally is.
If the person pulled right in front of another person, and it can be proved ( hard to prove) it may not be.
If the other party was in reverse and backed into you
and so on. So nothing is auto, but most officers always write it up that way.
I would file a complaint on the husband writing you complaints with the owner of the apartments
Next who cares about the run around, if you have full coverage turn it over to your insurance, get it fixed and let them sue them or settle with them.
If not, just sue the person, that sorta makes the insurance company stop running around
2006-06-30 20:15:04 · answer #4 · answered by Anonymous · 0⤊ 0⤋
yep, if you did pull out in front of her she would have had to hit you on a side of the car, if you had enough time to get completely in front of her to the point that the only part of your car that she could hit was the back, then she had enough time to slow down, and if she didn't have enough time to slow down she was speeding, and that's her fault too. No matter what if you get hit in the back of your car it's the other person's fault. What I don't know is if, in a parking lot, two people are both reversing and hit each other, I guess they're both at fault I don't know that...
2006-06-30 11:44:38 · answer #5 · answered by A.Marie 5 · 0⤊ 0⤋
yes in Georgia any accident I have witnessed the person that hit the back of the car is given a ticket. I think laws might be different on personal property. I know in a parking lot it is hard to get someone cited for hitting a car
2006-06-30 11:48:40 · answer #6 · answered by grannypamrox 3 · 0⤊ 0⤋
Sounds like some sketchy business. I'd definately pursue it with your insurance company if it all went down like you said it did. Even in no-fault states, the ones who rear-end others are at fault. It's their responsibility to stop; she should have been following at a safer, further distance-- bottom line.
2006-06-30 13:47:20 · answer #7 · answered by ishotvoltron 5 · 0⤊ 0⤋
Sounds like her fault. You know I would consult a lawyer or someone becuase it sounds like you are getting hasseled for no reason. Or call the real police and tell them the story.
2006-06-30 11:42:59 · answer #8 · answered by MaryJaneD 5 · 0⤊ 0⤋
It is her fault. She hit you. Call your insurance company right away, and let them handle it for you. They will fix your car and collect from the other insurance company.
2006-06-30 11:42:18 · answer #9 · answered by ThatLady 5 · 0⤊ 0⤋
There is a loop hole in that law. You can't come to an unnecessary sudden stop in the flow of traffic or it becomes your fault.
2006-06-30 11:42:58 · answer #10 · answered by JENNIFER M 2 · 0⤊ 0⤋