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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29059
Experience:  Lawyer
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I was backing out of a private property parking lot and was

Customer Question

I was backing out of a private property parking lot and was hit on my bumper. I want to understand who is at fault.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
I was able to retrieve footage and found out that the person who hit my back driver side bumper did a few things to get out of the parking lot faster. she cut through the white solid parking lines to avoid going around. She ran two stop signs and on the u turn to finally exit the parking lot, she had about a 6 parking space time span to come to a stop.When I turned my head to see if any cars were coming, there were none, but then out of no where the car hits me. You can see in the videos that she hits me and then backs out of me after the impact.Am I still at fault?
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today.
The general rule is that the car backing out is at fault, because the driver is expected to go as slowly as necessary to avoid an accident, and to stop if another car appears - the other cars have the right of way, even if you're halfway out when they show up.
With that said, if she appeared out of nowhere, driving across spaces instead of up and down the rows, so fast you couldn't possibly have seen her, or in a way that, even if you'd stopped, she still would have hit you, you can try to argue that she's at fault. One example of when it wouldn't be your fault is if she appeared at a point where, even if you'd stopped and tried to drive forward out of the way, she still would've driven into you.
Insurance companies are nearly always going to find against the person backing up. They use statistics and probability charts to determine fault, not the law. But the video you have can be used to show that she was at least as much at fault as you were.
You also have the option of filing a Small Claims Suit against the other driver to get a judge to find that she was at least partially responsible. The judge doesn't have to listen to what the insurance company decided (but will consider if either of you were ticketed). The problem is, if you win, you have to repay the insurance company for what they spent to fix your car (if they did). So, if the insurance company is already involved, it may help to talk to a supervisor there before filing a lawsuit.
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