when two cars collide in a north carolina parking lot who is liable?

Question

my daughter was trying to easy out of her parking space, could not see , puuled slighty forward and someone that was driving really fast hit the bumper of her car ripping it off. who pays /

Answer 1

If the car that hit her was in the aisle traveling in the parking lot, she is at fault. She has the greater duty to pull out only when it is safe to do so. Cars in the aisle have the right of way. If speed can be proven (which is difficult without a witness or a cop there clocking the person) she could be found contributorily negligent (the other driver). North Carolina has contributory negligence, which says if you are even 1% at fault you cannot recover from the other person. However, based on what you're saying, your daughter is 100% at fault.

Answer 2

In North Carolina, a parking lot is considered by the police as private property, they have no jurisdiction on who is at fault, unless it is a hit and run or some other criminal offense involving a motor vehicle. They will only do a exchange of information and a police report for insurance purposes. The insurance companies will dispute who is at fault

Answer 3

When two cars collide in a North Carolina parking lot who is liable?

The obvious answer is George Bush! He's being held responsible for everything else happening in the world, why not this?

Answer 4

The person pulling out of the parking space has a duty to make sure the way is clear before pulling out. Unless your daughter knows of an unbiased witness that can say that the other vehicle was speeding, you daugter is 100% at fault.

Answer 5

The insurance pays...and whoever the police find at fault will pay higher premiums.

Based on the fact that your daughter didn't yield the right of way...regardless of speed of the other car, she is at fault. She would really have to prove the other driver was driving recklessly to have a chance of not being found at fault.

Answer 6

the guy at fault is the owner of the motor vehicle that hit him -- no remember if it replaced into interior the apartment lot or everywhere else. IF the wear replaced into brought about with the help of a snow plow, rubbish collector, or a contracor employed with the help of the HOA, then the HOA has some duty (yet basically in terms of helping connect the motor vehicle proprietor to THEIR representative). yet, if the wear replaced into brought about with the help of a tree limb, an indication that blew over, or some 'sources' of the apartment complicated/ association, then the HOA might ought to pony up. And, replaced right into a police document filed? If no document replaced into filed, there may be no documentation that the wear occured on the premises, additionally letting the HOA off the hook. the motor vehicle proprietor might basically ought to document a declare to his coverage indicating that he can no longer come across the motor vehicle that hit him, and get in spite of 'uninsured motorist' income he can.

Answer 7

The car moving in the lane has right of way over the parked car.

Answer 8

Your insurance company.... unless u take them to small claims court/civil suit. I had this happen to me twice! (i worked at a mall for years) You are on private property in a shopping mall or store parking lot.....No laws or rules of the road there, I am afraid! Cops can't do much at all! It is normally a losing situation unless you and the other guy has good insurance.

Answer 9

If they can prove that the person was speeding and not paying attention to other vehicles then they will have to pay. Same thing happened to my mom, and she was gonna have to pay, until they determined that the person who hit her was not paying attention to cars that were pulling out.

Answer 10

I suspect that it is up to the policeman to determine the cause of the incident. If he doesn't asign fault, it will be up to each driver's collision insurance to cover the cost. If they don't have collision, they must come up with the cash.