Parking lot accident in Pennsylvania!?

Question

So i was in a parking lot and i was backing out of my space and i had looked all around (my sister was in the car and said i looked also), and i reversed out slowly and hit a car. I dont know if this car was pulling out of a parking spot behind me or driving by, but i clipped her car on the drivers side, rear bumper right behind the back wheel. And it hit my car in the dead center on my rear bumper. So i assumed it was my fault bc of the way our cars hit, and i got out of the car, and said i dont want to go thru insurance or call the cops (bc i thought if i called the cops i had to go thru insurance). So i told her i would pay for her damages. She is supose to call me in 2 days with an estimate for her car. But i talk to people and Everyone is telling me to tell her when she calls that "i talked to people and they said that since it is a parking lot accident we are both at fault and to pay our own damages" What should i do and who is at fault? Please help!! thanx, Lacey

Answer 1

I don't know who you are talking to, but obviously, they don't know insurance. Any time you are backing up, whether you are on the street or pulling out of a spot in a parking lot. If you hit someone, you will be at fault. They have the right of way, you backing up, do not. This is a cut and dry case, and you can settle without an insurance company, however, you will probably have to pay not only for the damage to the other vehicle, but also for their rental car, while it is being fixed, not to mention any damage on your car. If you go through your insurance the damage of the other vehicle will be paid through your general liability (property damage) limit, which probably has no deductible. Your car would be covered if you have collision coverage, which you would have to pay for the deductible and also be charged an accident, which will result in an insurance point for three years and increase your premium for three years. Contact your Agent or Insurance Company, seek his or her advise. Good Luck...

Answer 2

Unfortunately, this is not the case. Not all parking lot accidents are shared negligence losses. If you are backing out of a spot, and the car you hit is in the aisle, that car has the right of way. Even if you look, and think you don't see anyone, that doesn't take away your responsibility to make sure the aisle is clear before backing out. This is not meant to sound like a lecture, but the facts. Based just on what you said, it sounds like that car had the right of way, and it also sounds like it had almost gotten past your spot when you hit it, based on the points of impact to both cars.

PA has comparative negligence, which means if she did something wrong to contribute, she might not get 100% of her damages paid. However, it is unlikely she would be barred, as your negligence is greater than hers. The vehicle in the spot is just about always at fault when hitting a vehicle in the aisle. The police may not have even come as they may decline because it happened on private property. Whether they come or not does not have any effect over whether insurance is used.

Out of pocket settlements are not the best idea as you have little protection against other claims being made or being sued unless you get a release. If you have insurance, consider using it, especially if you feel that the other driver may have contributed. They may decide not to pay all of the damages if the investigation shows some negligence on the other person. This is the best I can tell you with the details you provided. Your contract requires that you report all accidents regardless of fault anyway.

Answer 3

Well, I hate to say it but you really screwed this up. First, whenever you have an accident (I don't care if it's in a parking lot or wherever), you always call the police and fill out an accident report. It sounds as though you are both at fault (if you are backing your car, you are at fault if you hit something; ditto for the other driver). Here is the problem with paying your own damages. It's fine, but what I suspect will happen is this person with whom you had the accident will now claim she was injured and since you don't have any police report, you can't really deny this. Believe me, people make up all sorts of things when it comes to auto accidents and I suspect that you will indeed get a call from her or her insurance company. Also, you are supposed to inform your insurance company whenever you have an accident. Lastly, if you choose to pay the damage repair yourself on your car, it may come to much more than your deductible and of course, if you have not filed with your insurance (or hers if she has insurance) then you will be stuck for the entire bill. And how do you know she even has insurance? If she is choosing to pay her damages, she may not have the money to do so and may not be able to rely on insurance. You need to come clean with your insurance company and ask them how next to proceed.

Answer 4

Call your insurance co. You are making a mountain out of a mole hill! You are at fault, there is no way around it, as when you back up, you need to yield the right of way to all vehicles. Vehicle collision damages are getting more and more expensive these days and the estimate amount will probably be a lot more than you realize, and you could pay her, but without proof that you paid her (specifically a release signed and notarized) she could then try to collect from your insurance co. Report the accident to your insurance co and stop worring about it.

Answer 5

First of all the police do not have to file a report because no one was injured and no ones vehicle needed towed. Second the accident is your fault because the other car was already in motion and you struck it backing out. Similar scenario would be you pulling out of a parking lot onto a main road and the other vehicle striking yours. You two can work it out on your own as far as if you want to turn it into your insurance companies. Of course ask to see her estimate before you pay. Hope this helps.

Answer 6

Just because it happened in a parking lot and there is no police accident report does not mean that each driver is responsible for their own damage. One of you will be at fault and responsible. The proper way to handle this is for you to exchange driver and insurance information with the other driver. Both of you should contact their own insurance company and tell them what happened and give them the name and insurance company of the other driver. Both of you will give a deposition to their own insurance company. Then the two insurance companies will get together and will decide who is at fault and which company will pay. Don't be afraid to give this info to the other driver - it is not an admission of guilt. If the other driver doesn't want to give this info to you, explain to them what I explained to you. If they still don't cooperate, get what info you can such as description of the car, license plate number of the car, etc. I'm not an insurance person, but this has happened to me. That's how I know what to do.

Answer 7

I agree with Chris. It is always best to notify your insurance company. I certainly understand the concerns most people have about filing on their own insurance, but that's why you pay for it. Your company is there not only to do a complete investigation of the facts and determine who is liable, but to protect you if the other person should make an unreasonable claim or, in the worst case
scenario, file a lawsuit. The sooner they are aware of the loss and can begin their investigation, the fresher the facts and evidence will be and the better they can protect you.

Answer 8

Call the insurance company, I've watched all the court shows and you're just asking for trouble otherwise.