Parking lot accident whose is at fault?

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PostPosted: Sat Apr 13, 2013 11:06 pm   Post subject: Parking lot accident whose is at fault?  

Hi members,



I was backing up from my parking lot and i saw a car in the drive way backing up at the same time, so i hit the breaks and honked. But the other driver came and hit. My car rear bumper paint got scrapped all along, which is clearly evident in the pics we took. But the other driver is blaming me and claiming for my insurance. Who is at fault and how the insurance adjuster will decide whose fault is it?


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PostPosted: Sun Apr 14, 2013 3:44 am   Post subject:   

Can't know who is at fault and how much as this would probably require statements direct from both parties. Also, it's really going to be up to the adjuster. Chances are that each person's adjuster will side with their own insured and deny liability. State negligence laws also come into play (Comparative vs Contributory).

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PostPosted: Mon Apr 15, 2013 5:14 am   Post subject:   

Here I agree to what tcope has said. Only God knows who was at fault and who was clear. You perhaps need to have a or two eyewitnesses to prove that you were right.


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PostPosted: Thu Jun 20, 2013 9:08 pm   Post subject: scratched car in parking lot  

i drove my grandmother's car with her permission, but she didn't realized i was listed as an excluded driver on her policy. i bumped an unoccupied car in restaurant parking lot and scratched bumper. the person using the car said it was her boyfriend's family car and she gave me estimates to fix the scratched up bumper. i want to pay but should i write some kind of letter for us to sign stating that i paid for the damages and the incident is done? i wonder can she or her boyfriend come back later and demand more money from me since i was driving or even my grandmother since she is the owner of the car i drove? who should sign the letter and what should it say? this girlfriend is hounding me for the $600 as if the scratch has caused the car to be immobilized or something.


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PostPosted: Fri Jun 21, 2013 12:04 am   Post subject:   

Quote:
but she didn't realized i was listed as an excluded driver on her policy
Yeah... okay (I'm guessing both you and she actually knew this... it's not something a person just forgets).



You may want to have the owner of the other vehicle sign a release for the amount you are paying for the repairs. You can find these property damage releases on the Internet.



You then need to stop using your grandmothers vehicle and, even more so, your grandmother need to stop _letting_ you use the car. You are excluded for a reason (probably along the same lines of why you hit a stationary parked car). If you continue to drive you will be in another accident and in that one the person may have an injury. You and your grandmother may then be personally liable for that loss.
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PostPosted: Fri Jun 21, 2013 12:56 pm   Post subject:   

Deciding who was at fault in this situation is pretty impossible really.

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