I have a question regarding fault when on private property (in a Menards parking lot in Illinois). The officer told me that since it was on private property, there would be no citations issued (the insurance companies would handle it). Here's what happened:

I was backing out of a parking spot (very slowly). Did my usual: looked over right shoulder to see if there were any cars coming (none were, although visibility was limited due to there being a minivan parked next to me). Started backing out (at around 2 feet / second), looked to my left for pedestrian traffic (none).. As I was doing this wham (a white blur - my bumper connected with other drivers side door). I was under the impression that in all cases, the person backing up (me) was at fault. The woman was driving a new loaded 2002 camry with dealer plates (her husband must be a salesperson). She went inside to call the police/ask Menards to file a report. While she was doing this, a bystander who witnessed the event came up to me and gave me his address and number, telling me that she was going really fast and that it wasn't my fault (he didn't want me to get screwed over). When the police officer came, she filed the report, and when the other driver found out there was a witness, got irate as if I "found" a witness. I told her that perhaps she should call the witness herself.. Anyway, at least it didn't happen in my S2000. It happened in my 1996 civic. This is my first accident ever. What happens now? Am I at fault, or is she? Will my rates go up? Also, her insurance is listed as "self-insured" through Classic Chevy.

 

Sounds like an interesting situation. If she was speeding through the parking lot I would think the blame would be on her. Also, how fast were you backing out? The fact that you have a witness makes your claim good in my opinion, but once again I'm not an insurance agent. Good luck on that.

 

[QUOTE]Originally posted by Psicho54
[B]Sounds like an interesting situation.

 

[QUOTE]Originally posted by JohnE
[B]

I was backing out real slow... probably 3 feet per second.

 

This happened to my wife about 2 years ago. She was leaving a hotel parking lot and was parked on the inside of a curve. Her car was less than 18 inches out from the cars on either side when a speeding employee who was 10 minutes late for work hit her -- or she hit him. He didn't speak much english but he made it clear that he wanted her to pay to have his car fixed. It took him well over 100 feet to get his car stopped because of his speed. She gave all the normal info to the police (even though it happened on private property), to the other driver, to hotel security, and to the the rental car company. The entire right side of his old Maxima was toast and the bumper of the rental my wife was in needed replacing. We have yet to hear anything about it from anyone and my wife rents one or two cars a week from the same rental company.

It seems to me that this would be a case of the speeding driver being at fault. If you rear end another car you are generally assumed to be at fault because you didn't have complete control of your car or you could have stopped. Why wouldn't this be the same? The only difference I could see would be that you hit her in the side instead of her hitting you in the side. Keep us posted on how this comes out.

 

If there is no citation issued to either party the insurance companies will probably assign partial fault to both parties. e.g. you for not completely verifying the absence of other cars in your path, and them for driving too fast for conditions or such. This is especially the case when there is a police report where neither driver is noted as at fault. I assume the other driver is insured, if so, the insurance companies will probably battle it out. This may take a while as insurance companies guard every cent as if it's their last. Yes, your rates will probably go up a little, but not as much as if you were cited for failure to yeild and pegged as the at fault driver.

Not sure about that private property thing, but you can bet if the other driver was loaded (with rum) and hit you going 50mph in a Menard's parking lot, he'd get cited for a bunch of stuff. Maybe some of the Officers in the forum could be a little more specific about this if they find the thread.

 

DSF_S2k/Dale in Houston has had this happen twice, unfortunately he didn't have a witness. They couldn't write a report and the other guy refuses to answer any mail or phone calls from the insurance company - thus the insurance company blames Dale. That's the basic jist, but its a whole can of worms and frustrations.

I'd let the insurance company know whats up - give em the witness information like you stated and they should take care of her - after all, they are not only defending you, they are also trying to save some dollars.

 

I think you explained it yourself - you hit the other vehicle, not the other way round, so you will be at fault.

I backed out of a space and was about to pull forward when I was collected by a car backing out of the opposite space. Since it was an old guy with an old car and my car was not badly damaged - I told him to clear off and I would not bother him for the money - I was living abroad also.

Only to find that he lied on his insurance claim to get his car fixed and I got sued by his insurance company to cover his repairs. They were really nasty pieces of work the insurance company - did not listen to any of my claims - photographs - proving that it was impossible for my door to move sideways to hit his rear bumper.

They tried to bluff me with that at best I could only get 50:50 in court so would have to stand my legal costs - but I held out and asked for a court date - and eventually not only resisted their claim but got paid for my damage with out of court settlement.

Anyway - moral of this story is - never park front end into the space. Always park rear end in - so that you can see clearly when you are coming out of the space which is a much more dangerous time than the parking part - it is much much safer this way. In Japan it is the custom and practice, you even get a note on your windscreen if you don't do it.

 

Kobe - that's a very good point. Hadn't realised it before but it makes a lot of sense. Will be backing in from now on.

 

Dan - don't forget to stop though when reversing - the S is difficult to judge!

luckily here the thoughtful Japanese have concrete chocks to stop your rear wheels against on in every single car parking space in the whole country!!!- and there is just enough clearance for the S2000 (usually).