Car accident question?

Question

So here's the situation, I was driving in a parking lot (not speeding at all) and the car in front of me parked in the first available parking space. The space next to her was free so I was going to park there. I waited until she was completey in her space and then proceeded to park my car. Just as I was about half way into the space, the other woman put her car in reverse and backed into the drivers' side passenger door and rear tire of my car. She got out of her car and said that it wasn't her fault. She said she was trying to turn around. What's it matter what she was trying to do, you still have to look behind you before you back out into traffic. What if I was a person walking? The police officer did not give us a copy of the accident report. I don't know if he gave her a ticket or not. Is she 100% to blame? Is that cause for a ticket?

How could this be "no fault" if she didn't look behind her and backed into my car? My car is now damaged through no fault of my own.

Answer 1

For your sake get a copy of the accident report and was this a parking lot in a shopping complex ? if so then according to my states law (florida) no one is at fault and everyone will have to fix their own damages . good luck.

Answer 2

The officer could not have written a ticket because he did not "see" the violation. Unfortunately being in a parking lot means the police officer may not have even written a accident report. Some states are what is called no fault states. You fix your car she fixes hers and the insurance companies settle it for themselves. Was it on purpose probably not but she definitely wasnt her keenest day. To you and most everyone else she would be to blame, but the blame issuing lies with the insurance company. Even if he had given you a police report a police officer cannot issue blame for an accident. He can tell you what he/she thinks but that's it

Answer 3

She is 100% to blame for the accident and should have been prosecuted. The first driving rule that she didn't apply was regarding the use of her mirrors. Had she used her mirrors, she would have been aware that you were behind her before she pulled into the space. Secondly, if she had used her mirrors before reversing, she would have seen you manovering your car into the adjacent parking bay. Not using her mirrors is justifiably grounds for a conviction on a charge of "Driving Without Due Care and Attention", "Dangerous Driving" and / or "Wreckless Driving" To be honest, I think she just wanted a new car and intended to have an accident for the insurance. I cannot see how she could not have seen you? Then again, she could just be one of those women that have to drive in and out of a parking bay to get the car parked in line LOL No! I definitely believe that it was intentional and sadly you were the victim. It may be worth asking your insurer to find out, from the police, if she did get any conviction. If she did, you win automatically.

Answer 4

If it was in a private parking lot, an officer generally cannot issue a ticket. She should be 100% at fault, because if you are backing out, it is your responsibility to ensure thet the area behind you is clear. It doesn't matter if she was parking or turning around or whatever. Like she expected you to know what her intentions were? It's possible that in a situation like this, no liability is assigned because it happened on private property, possibly according to the laws in your municipality. I take it you don't have the other drivers' insurance information? Talk to you own insurance company and see what they say. I know it isn't fair, and I don't think you should have to pay, but what you and I think ain't necessarily the law.

Answer 5

Based on what you said its a good thing you have a police report cause people will try to pass the blame on to you when they talk to their ins co.