So i was at school yesturday driving out of the parking lot and I see a car coming out of her spot (backing up). As she back's up, very slowly might i add you, i think to myself I have enough time to get past her(i usually do in these cases) and when other drivers see me they have always stopped... I have created a small picture of what has sorta happened. Obviously she hit me, and she has no argument against me that she didn't... I was just wondering, who is at fault. I had always assumed I had the right away and when going straight in a parking lot, those who coming out of a parking lot have to wait... here's sorta how it happened... She blames me because i didn't wait for her to pull out, granted i should have but if she saw me, she should have stopped. Whose fault do you guy's think it is? Is there proof I can show to my insurance company saying it was her fault and that I have the right away? This is what i did to her, my whole back bumper came off, i can take pictures of that tomorrow, and granted the car i am driving (97 honda accord) i had just bought last week...
Personally I think its your fault. If a car is moving in front of you, let it go, you were the one who tried your luck assuming she would stop and sneaking by...
How fast were you going through the lot? I imagine you sped up and she didn't see you. If she was far enough out of the spot to hit you and she was going slow, you are at fault for not yielding.
Sounds like the smart thing would have been to wait, but hindsight is always 20-20. I think its her fault because you had the right of way but are rules different for accidents in parking lots. I think i remember in driving school they told us something to the degree that there are no rules for driving in parking lots and you cannot get a ticket for an accident, but now that I think of that it makes no sense and cannot be true.
Huh? I think you're reading the diagram wrong. I think they hit back bumper to back bumper. I would say that you kind of did the dick thing by trying to sneak by but technically it's most likely her fault since she's got the burden of not hitting anything that's already on the road she's coming on to. I forget the terminology.
In this state it would be concidered a "no-fault" accident. A parking lot is not public domain/public ROW, it's private property. This type of accident happens nine or ten times a day at most wallmarts due to the huge number of SUV's and pick-ups in parking spots not designed for them. In an acciden like a no-fault, each person covers thier own damages, through thier own insurance.
You should have yielded as it was the smart thing to do, but by all rights you should have had the right of way. It looked like she had enough time to stop at any time and not hit you, since you were already behind her when she was exiting the space and that is why her damage is in the rear right and your bumper came off. It will be hard to fight, but you should report it to your insurance first, and make sure you never talk of any fault. Say you were going through the parking lot and she pulled out into you. Don't say what you saw other than what makes your case, it doesn't matter if its a lie at this point. There is no honor in insurance unfortunately. I had some cunt give me fake information and the car was stolen when I she was drunk and ran into me...
I don't know if you had the right of way or not, but the polite thing would have been to let the lady out. The 20 seconds you would have spent waiting wouldn't have impacted your commute time at all, versus the mess you're in now. My policy these days is to drive defensively and politely, always assume the other guy is a maniac and not paying attention, and never to get my blood pressure up. I figure I'll live longer and keep more paint on my car that way.
Thats the way I was taught to drive and it has worked out well in my 18 months so far with no tickets or accidents(knock on wood). Drive defensively as if everyone is a maniac and watch for what they do and you'll be fine.
If at any time you have to think, if I do this maneuver, will I hit someone? Then you are yielding into that flow of traffic and thus will be at fault for any collision accidents caused by you doing so*. This lady is at fault because she made the decision to merge out into the parking lot traffic, and did so poorly. Even though you saw her and continued to go, unless you gave her the wave ahead, she is at fault. It is almost comparable to her being at a stop sign and pulling out in front of you. *Except for extenuating circumstances
6? were they of mexican decent?(repost, but it fit) http://www.youtube.com/watch?v=JMSb...et/forums/off-topic/home-depot-mexicans-35189
