I had my car parked facing the isle, I started my car and looked both ways before I pulled out. My car was halfway in the isle and a lady slammed into front passenger side of my car. She had a Ford Explorer and had minimal damage just the front left light and some damage to the bumper. My car had the whole front right damaged and wheel's little tilted, after asking her if she and the passenger (a child age 10 to12) was ok they were alright and then I asked her that didn't you see my car coming out she said "I guess not". After a while I found out that the kid is here friends, she came and pickup the kid after 15 min. A quick note I haven't reported it to police.
So my question
Is it my fault?
If it is what's then next step should I take?
2006-08-13 05:51:21 · 16 answers · asked by Niel 1 in Cars & Transportation ➔ Insurance & Registration
http://img64.imageshack.us/my.php?image=accidentfm4.jpg
here's how it happened, She called her insurace company and I called mine, I havn't called the police yet. The pictures are right after the accident the cars haven't moved yet. It was in a target parking lot in Paso Robles California.
2006-08-13 06:32:46 · update #1
If she was already on the aisle and you were turning from a parking space into the aisle, she had right of way and you would be the majority at fault.
While she may be found partially liable IF she admits to her company that she wasn't paying attention (not likely) she still had control of the aisle and therefore the right to proceed - anyone pulling from a parking space, backing or pulling forward, has to yield to traffic already there.
No offense, but it doesn't sound like you saw her either - or else why would you have pulled out?
I recommend letting your company handle you under your collision coverage, as her company isn't going to pay for your damages given the facts of the accident.
Glad everyone's okay.
2006-08-13 08:34:48 · answer #1 · answered by ohso_quiet 4 · 0⤊ 0⤋
It is difficult to be precise without knowing the full details and seeing diagrams. However, in general terms, you may wish to consider the following.
You say you looked both ways - is it possible that you just did not see the other vehicle? Did you delay between looking and moving off? If you didn't see her, DESPITE looking VERY carefully, and CONTINUING to look AS you moved, it may be that she was moving too quickly for the circumstances.
The extensive damage you describe to your vehicle MAY support this view, but the relative amount of damage to 2 vehicles involved in the same accident is greatly dependant upon precisely where the impact occurred on each vehicle.
Accidents of this nature are rarely the sole fault of one of those involved, although it can be possible.
It was YOUR responsibility to ensure that it was safe to pull out before you did so, and it was HER responsibility to drive at a speed appropriate to the location and the likely hazards present in that situation (in this case, vehicles pulling out of parking spaces).
Typically, in this kind of situation, a court may apportion blame 50:50, 60:40, or whatever seems appropriate. From what you say, it could be that she was driving too quickly for the location, and also that you did not keep an adequate look-out.
I hope this helps you!
2006-08-13 13:10:09 · answer #2 · answered by aarcue 3 · 0⤊ 0⤋
If you were reversing out of a parking space and were struck by a vehicle in the lane, you are at fault for the accident. Vehicles moving in reverse must always yield the right of way.
You should contact your insurance company and report the accident.
BTW, although you may be deemed at fault by the insurance company, do NOT admit fault to anyone!!! Especially to the other driver!
If the total damages exceed your state's reporting requirements then you need to make a police report and a DMV report as well. Your insurance company may handle that for you, just ask.
2006-08-13 12:59:50 · answer #3 · answered by Bostonian In MO 7 · 0⤊ 0⤋
It wasn't your fault. She should have been paying attention to what was in front of her. You couldn't see her coming while pulling out of a parking space. The person driving in a parking lot is suppose to be aware at all times while cars are pulling out at every minute. Call the police and make a report right away, then get yourself a lawyer. There is no excuse for what she did. She was probably looking in the mirror or talking on her cell phone. You are in the clear.
2006-08-13 12:57:28 · answer #4 · answered by Amy A 3 · 0⤊ 0⤋
PLEASE call the police and file a report. If you don't you can be in real trouble when the lady files with her insurance company. By not filing a report the police and insurance will consider it your fault if the lady files first. Because the accident was on private property, probably no one will be given a ticket, but the insurance companies will want the report so that they can decide how to take care of the damages.
~~Julie
2006-08-13 12:59:16 · answer #5 · answered by Julie J 1 · 0⤊ 0⤋
You are involved in the hardest claims situations out there. There is nothing worse than a 'he said-she said' parking lot accident. Every Target in the US has parking lot surveillance cameras -- ask, beg if you must, the store manager to let you veiw the recordings at the date & time of loss. Even then it could be the loss will be called in the other person's favor. To late for the police, most won't respond to collisions on private parking areas anyway.
2006-08-13 22:05:49 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If she wasn't looking where she was going, then it is her fault. If you had reported this to the police they could do much anyway, except make a report. Even if a person is wrong, as she seems to be, she cannot be ticketed when the accident occured on private property. You have to settle this matter with her and her insurance company.
2006-08-13 12:59:20 · answer #7 · answered by WC 7 · 0⤊ 0⤋
Most places have a no-fault rule in parking lots. You have serious damage if the wheel is tilted. Figure out if your insurance coverage will help. Probably need to report it to the police in order for insurance to get involved...otherwise you are on your own unless it is her fault and the insurance laws are on your side...
2006-08-13 12:55:42 · answer #8 · answered by Libby 44 2 · 0⤊ 0⤋
Call the police! Get an accident report...it seems to be your fault, but you need a police report to protect yourself. Sometimes you can get by without a police report, but at other times, it can cost you dearly. The insurance claim adjustors will go by the police report and your statement. I looked at the pictures, both vechiles have pretty fair amount of damage. With her having kids in the car, we don't want anything to go wrong......just in case they decide they need to go to the doctor. If people were honest, we wouldn't have to bother with reports, but you are apt to get one, that a little fender turns into whiplash and a back injury that leaves them crippled for the rest of their lives....that police report is important...Call your insurance company, and explain the accident, and so they can go ahead assign you an adjustor!
Good luck, and I happy no one was injuried.
God bless us all......................
2006-08-13 17:34:40 · answer #9 · answered by totallylost 5 · 0⤊ 0⤋
To protect yourself with the law, report the accident to the police asap. Be sure you have the name, address, telephone number, insurance company, and registration number of the person who hit you. Then to protect yourself further, notify your insurance company with the same information. The police and insurance company will let you know if it was your fault, and they will advise you as to the next steps to take.
I hope this helps!!
2006-08-13 12:58:20 · answer #10 · answered by No one 7 · 0⤊ 0⤋