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  1. #1
    seattleone is offline Junior Member
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    May 2011
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    Backed into by another driver in a parking lot, need advice

    What is the name of your state (only U.S. law)? California

    Hi! I would really appreciate any advice or expertise you can offer on this matter. I was involved in a fender bender in which the other driver was 100% at fault and it seems her insurance company is trying to deny the claim. Thanks in advance for your help!

    Basically I was driving a loaner vehicle as my car was in the shop. I was in a parking garage and pulling out of a space, I was next to a pillar and being extra careful as I backed out. At one point I came to a complete stop for about 30 seconds, the car was about halfway out of the parking space at this time.

    Suddenly as I was watching out the back window I saw a flash of white as a BMW SUV pulled very quickly out of the parking space almost across from mine behind me. It was obvious by how fast it happened she had just swung into reverse and hit the gas without looking. I went for the horn, but it was too late, the driver of the SUV backed into the rear passenger side fender of my car.

    I got out and surveyed the damage. My car had a giant dent on the rear side fender (an area that clearly shows that she hit me, as there's no other way to incur damage in that area) There are no scrape marks and that proves that my car was not moving at the time of impact. We didn't back into each other, she backed into me. However, it seems her insurance company is trying to suggest otherwise.

    The driver of the SUV's bumper had come lose and she very nonchalantly popped it back into place, so the damage to her vehicle was nearly nonexistent. At this time she tried to with hold her insurance information, she asked me to lie and say it was a hit and run. She didn't apologize, but kept saying "I don't know what to say" and acting as though she hadn't done anything wrong, and being rather rude about it. Finally I did get the insurance info, and they are being very difficult.

    Regardless, she backed into me. Is there anything I can do? The parking garage says they can provide video footage to the insurance company so that could clear up the liability. I am just shocked that they are trying to turn this around when it seems so cut and dry. What is the precedence in a case like this, is it not the person who hit the other person is at fault? If I was already half way out of the parking space and stopped, and she hadn't even started backing out yet, was I not in the right of way? I really appreciate any advice, thank you!
  2. #2
    justalayman is offline Senior Member
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    At one point I came to a complete stop for about 30 seconds, the car was about halfway out of the parking space at this time.
    this is kind of unbelievable
    If I was already half way out of the parking space and stopped, and she hadn't even started backing out yet, was I not in the right of way?
    after 30 seconds, you were an obstruction. That doesn't excuse them hitting you but while you may have started moving first, you stopped long enough to be considered to be parked.

    If you have collision coverage, just turn it over to your company. If you don't you may have no alternative but to sue the other driver.
  3. #3
    seattleone is offline Junior Member
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    Thanks for the advice. It may have been less than 30 seconds, all I know is I was backing out and trying to negotiate the pillar that was next to me and trying to be extra careful because I was in a loaner vehicle. So I remember coming to a stop to check behind me, and to check my distance from the pillar and then seeing the other driver coming at me very rapidly. It may have been closer to 10 or 15 seconds because it was just enough time for me to check both mirrors, the back window and make sure I'd cleared the pillar.
  4. #4
    ecmst12 is offline Senior Member
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    If there's a video, I don't see what you have to worry about.
  5. #5
    nycc55 is offline Junior Member
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    I totally agree with ecmst12. If you have a video as a proof, you'll probably have not to worry about verdict. But, always is good to ask for second opinion, as you write here. That is a good move and I recommend this to all people who may have similar issues in future.
  6. #6
    John_DFW is offline Member
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    There is a practical limit to how long video can be retained, so you need to obtain a copy as soon as possible. Send a crr or subpoena, or both.

    Hopefully the security you contacted was diligent and on the ball and secured the video already.

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