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Legal-Kal, Attorney
Category: Traffic Law
Satisfied Customers: 546
Experience:  Attorney at Law Offices of Khaled Issa
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I was trying to take my car out of parking. One car came

Customer Question

I was trying to take my car out of parking. One car came speeding and back of my car got hit. Now we have shared the insurance information I want to understand who is at fault.
Submitted: 2 months ago.
Category: Traffic Law
Expert:  Legal-Kal replied 2 months ago.

Good evening:

My name is ***** ***** I would be happy to provide general information regarding your question.

When it comes to determining liability (i.e., who is at fault for an accident), a thorough investigation on the part of insurance companies must be conducted (which would include viewing the scene of the accident and speaking to those involved in the accident to learn as much as possible about said accident).

However, from the information you have provided here (which, again, is no where near as thorough and complete as the facts the insurance companies will learn), it appears that there is a "split" in liability. This is because an individual exiting a private area (like a driveway or parking lot) must yield the right of way to vehicles already on the road. However, from what you have stated, because the driver of the other vehicle was speeding, there may be some liability on their part as if they had not been exceeding the speed limit, they may have had the time to see you taking your car out of parking and could have avoided the accident.

Many accidents like these are assessed at "split" or "partial" liability, meaning that there is some fault on one driver and some fault on the other driver.

Again, however, since I am not privy to all the facts that may exist (which the insurance companies will learn through their investigation), this could change one way or the other (for instance, if the driver tells his insurance company that he was looking down and speeding, then there would be more liability on his part, possibly amounting to 100% liability).

Questions based on this? If so, please ask!

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***General information provided here is for educational and informational purposes only and does not constitute legal advice, nor should it be relied upon as such. It is always wise to consult with an attorney licensed in your jurisdiction as they would be in the best position to assist***

Expert:  Legal-Kal replied 2 months ago.


It has been some time since the response to your question.

Please remember that (if you have no follow-up questions you would like me to answer), that experts here are credited ONLY when the individual clicks accepts and rates the assistance with three stars or higher.

I’d appreciate your cooperation in this regard.

Expert:  Legal-Kal replied 2 months ago.

Any chance for a positive rating? I'd appreciate it! Thanks again.

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