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how do you determine fault in a parking lot fender bender?

S

scooter84

Jack Campbell
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One car backing out of a space. The other coming along behind it. The left rear of the one backing makes contact with the left front of the other one. What determines fault? Is the one backing responsible for failing to see and stop? Is the other car responsible for failing to stop? What if the one not backing was stopped? What if they were moving? What are the determining factors?
 
The car that is driving through the parking lot has the right of way.
 
i've always thought insurance assumed it was the fault of whoever was backing up (kind of like whoever rear-ends someone is basically always at fault)... not sure how true that is, though.

i've been involved in a similar situation before; we were simultaneously backing out of those Godawful diagonal spots at hanes mall and just backed into each other, except the way the cars connected/the scene looked, it looked more like I hit him (rather than us both being at fault). It seemed minor enough, so he went to his buddy to pop out the fender/fix things up, I paid the $300 bill (ripoff, but whatever, insurance never got involved), and that was that. my car didn't even look like anything happened but for a small scuff on the bumper.
 
ImTheCaptain said:
unless one person is not in the car, good luck beating 50/50

/thread
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Seriously. I had this exact thing happen and despite the fact the he hit the drivers side of my car and clearly since I was driving I had the right of way, it went 50/50.
 
ChicdeaC said:
Seriously. I had this exact thing happen and despite the fact the he hit the drivers side of my car and clearly since I was driving I had the right of way, it went 50/50.
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Do you mean the police determined 50/50? This situation involved my teenage daughter and no police were called. I won't say which car she was but the parents of the other kid are adamant it was my kid's fault and have a 1400 estmate. Our car shows no damage. If i try to argue fault it is going to get ugly and awkward...
 
scooter84 said:
Do you mean the police determined 50/50? This situation involved my teenage daughter and no police were called. I won't say which car she was but the parents of the other kid are adamant it was my kid's fault and have a 1400 estmate. Our car shows no damage. If i try to argue fault it is going to get ugly and awkward...
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No police, they don't have jurisdiction in a parking lot. The companies will fight it out with each other. You should let your company advocate for your daughter. Doesn't matter whose fault the other parents think it was (or really as in my case, doesn't matter who actually was at fault), it is highly likely the companies will find 50/50 and you'll deal with your damages and they with theirs.
 
A car in reverse never has the right of way.
 
so, i'll just say it again to avoid misconceptions:

unless one of the cars is unoccupied (off and parked w/ no one in it) or someone was injured, or you have a video of the incident, it's 50/50

it's just not worth it for insurance companies to haggle percentages over like what's usually less than $5k in damages
 
A car hit me when I was at Wake. He had pulled into a space, and then backed out into me as I started to drive behind him. The guy was in a huge truck and took out a chunk of my bumper, but his car was fine. He suggested that we each pay for our own damage since there was no way to determine fault. My friend called the police, they decided it was his fault, and he paid for the damage.

No idea on the jurisdiction issue.
 
But on the issue as stated, not sure how they can come to you and demand payment after the fact given that the police weren't called at the time, no matter which driver was your daughter.
 
Neither you, the other girl's parents, or the insurance companies get to decide who is at fault. Put 12 in a box and let them figure it out.
 
Regardless of what insurance or the law says - its the fault of the person backing out in 99% of the situations.
 
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