Employer-owned parking lot responsibility?

[curiosity11]

What is the name of your state? WI

First, I apologize for the long post but I wanted to try to cover all of the details. My employer (which is a great company to work for in almost every regard) is going through a huge stage of rapid growth. There are approximately 250 employees at this location, and approximately 3-4 new employees each week.

With all of the new hires, the parking lot (which is owned by the company) is seriously congested and over-crowded to the point where there are absolutely no parking spots available. Therefore, employees are forced to park in unmarked areas on the edge of the lot, at the end of marked rows and along the roadway coming into the facility. The driving lanes are already very narrow, and having these vehicles parked along the sides and edges makes it extremely hazardous, and there have been many near-misses and one actual fender bender....which, by the way, was me backing into one of those vehicles parked on the side of the driving lane. The only damage to my vehicle was that a 3" chip was taken out of my tail light. The vehicle I hit has a dent in the side of the rear quarter panel. The vehicle was totally in my blind spot as I was trying to back out of a spot between two other vehicles, and the roadway curves where the other vehicle was parked, so I could not see it.

Three weeks prior to the incident, I emailed the Safety Director with my concerns and did not receive a reply. I am not the only employee who has voiced concerns over the conditions in the parking lot. After the accident, I checked the facility management team meeting minutes (which are on a public computer drive), and discovered that painting lane arrows and installing no parking signs have been on the agenda for over a year, and there has not been a single update to the agenda in that time. I emailed the Safety Director again reporting the accident, and her reply to me was that "maybe they'll do something about it now that something has happened." Please note that in many cases you have to maneuver back and forth (reverse, forward, reverse, forward) just to get around the corners in the lot. If there were an emergency there is no way that a fire truck or ambulance could negotiate this parking lot.

I have three questions and want to make it clear that I prefer to not report this to my insurance and am trying to deal with the other person's insurance company myself.

1 - The claims adjuster told me that I am 100% at fault and that their client has no share of the liability, even though she was parked in the roadway - and it is a private lot. Is this correct?

2 - When I asked for three estimates, the adjuster said that they only require one estimate and that their client had 'chosen' a shop where she wanted the repairs done. This shop is a dealership. The insurance company refused to let me have someone else perform an estimate. My brother, who is a certified mechanic and auto body professional, stated that the estimate given was, in his opinion, at least twice if not three times higher than it should be. I spoke with this insurance company 5 days ago and they promised to get me a copy of the estimate, which I still have not received. Am I not entitled to at least an additional estimate or to have another professional look at the damage?

3 - What is an employer's responsibility for providing adequate and safe parking to their employees, especially since they have been aware of the issues for some time? Last fall they had additional lighting installed, and at that time they put up temporary no-parking signs along the edges where people were parking to make room for the service personnel to install the lights. These signs were taken down immediately after the lights were completed. Also, is there an OSHA requirement regarding parking lots?

With all of the new hires, conditions are only going to get worse. I should also note that the company is located along a highway and the closest available parking other than their lot is 15 minutes away.

I did consult with an attorney over the phone regarding the insurance company, and he recommended that I negotiate with them. However, I would like to hear your opinions, especially regarding the employer's level of responsibility.

Thank you for reading this long post and also for any advice you may be able to offer.

[moburkes]

The vehicle shouldn't have been in your blind spot since 1. you know the parking situation 2. if you looked around before you got in the vehicle.

[ecmst12]

You hit a stationary object. You are 100% at fault. The driver has the responsibility to watch where he/she is going and be aware of the surroundings at all times.

Your employer has no legal responsibility to provide parking. Obviously it's going to make it hard for employees to come to work if there's nowhere to park, but the parking lot is a courtesy, not a requirement. Lots of employers have no designated parking area for employees. If they don't want to pay to have someone patrol the lot and ticket or tow people parked illegally, that's their choice - and I can't say I blame them. How many people would quit if their car got towed? And building more parking areas is a complicated process, for all you know they could be in the process of getting the necessary permits, etc, to do so.

I don't know about the estimates. I know that the person you hit can choose where they want the repairs done, but you may be able to make them pay the difference if the cost to repair is excessive. But why aren't you letting your insurance handle this? That is, after all, what you have it for. And one minor accident may not increase your rates significantly(though that depends on your policy and your state laws).

[xylene]

Originally Posted by ecmst12

You hit a stationary object. You are 100% at fault. The driver has the responsibility to watch where he/she is going and be aware of the surroundings at all times.

Your employer has no legal responsibility to provide parking. Obviously it's going to make it hard for employees to come to work if there's nowhere to park, but the parking lot is a courtesy, not a requirement. Lots of employers have no designated parking area for employees. If they don't want to pay to have someone patrol the lot and ticket or tow people parked illegally, that's their choice - and I can't say I blame them. How many people would quit if their car got towed? And building more parking areas is a complicated process, for all you know they could be in the process of getting the necessary permits, etc, to do so.

I don't know about the estimates. I know that the person you hit can choose where they want the repairs done, but you may be able to make them pay the difference if the cost to repair is excessive. But why aren't you letting your insurance handle this? That is, after all, what you have it for. And one minor accident may not increase your rates significantly(though that depends on your policy and your state laws).

I agree with you about the statioanry object. This driver is at fault.

But you are incorrect about employers requirements to provide parking. Many areas have very specific and very onerous requirements for parking spaces and lot construction on commercial buildings by square footage and/or intended occupancy. Generally to my knowledge these formulaes do not allow the employer to assume much, if any carpooling.

While this may not be a labor regulation for the convinience of employees, it is a common requirment that spaces be provided. Without knowing more details this employer could be in violation of a number of codes by allowing vehicles to park on the grass. I know that if an employer did this in my area they would be heavily fined for illegally creating parking spaces, and for employees parking on the grass. The employer would be expected to have the additional employees park in a remote lot and use a shuttle until / if new spaces could be constructed.

[ecmst12]

Wow, I have never heard of that. Are you in a very urban area? I stand (or sit) corrected. I guess OP should check with the local government officials to see what the regulations are for his area.

[xylene]

Originally Posted by ecmst12

Wow, I have never heard of that. Are you in a very urban area?

No just typical hyper-regualted northeast.

Office park-land. Catch 22 for businesses and the environment. Need to have lots of spaces for employees, too many spaces creates run-off, also subject to permits... need permits for new lots... can't park on grass because of codes to prohibit (mostly imaginary) junk cars... if employer allows employees to park illegally or on grass its 'creating parking spaces without a permit"

Its a quagmire. Tough for business, with alot of things that don't make sense / are at cross purposes for no reason.