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I was hit while backing out of a parking spot.

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kushka41

Junior Member
What is the name of your state?What is the name of your state?
Minnesota

I was hit while backing out of a parking spot. I was completely backed out of my spot in a parking lot. The other driver tried to stop but there was ice/snow on the parking lot surface and he slide about 5 or 6 feet eventually hitting the back passenger side of my car. I had no insurance at the time of the accident. The other driver is now claiming that I backed out into him. His insurance company is claiming that he had "possession of the lane". He was in a hurry at the time of the accident because he was late for somewhere that he was supposed to be. He said this on the way out of work (which is where we were both leaving at the time of the accident). His insurance company wants me to pay them for that damages done to his car. I told them that there was no way that I would do that because the other driver hit me and this accident was not my fault. My question is am I really responsible for the damages to his car even though he hit me. I know that Minnesota is a no-fault state and everyone else that I have asked tells me that we are each responsible for our own damages. Please help me, I want to know my rights. I know that I should of had insurance but that does not mean that I am responsible for his damages when it was his fault right??
 


Zigner

Senior Member, Non-Attorney
From what I'm reading, I beleive the accident *was* your fault. You backed out of a spot without the roadway being clear. Had you not improperly backed out, he would not have hit you.
 

Happy Trails

Senior Member
kushka41 said:
What is the name of your state?What is the name of your state?
Minnesota

I was hit while backing out of a parking spot. I was completely backed out of my spot in a parking lot. The other driver tried to stop but there was ice/snow on the parking lot surface and he slide about 5 or 6 feet eventually hitting the back passenger side of my car. I had no insurance at the time of the accident. The other driver is now claiming that I backed out into him. His insurance company is claiming that he had "possession of the lane". He was in a hurry at the time of the accident because he was late for somewhere that he was supposed to be. He said this on the way out of work (which is where we were both leaving at the time of the accident). His insurance company wants me to pay them for that damages done to his car. I told them that there was no way that I would do that because the other driver hit me and this accident was not my fault. My question is am I really responsible for the damages to his car even though he hit me. I know that Minnesota is a no-fault state and everyone else that I have asked tells me that we are each responsible for our own damages. Please help me, I want to know my rights. I know that I should of had insurance but that does not mean that I am responsible for his damages when it was his fault right??
By what you have written, I also think it was your fault. The damage that was caused to your vehicle would indicate that you were not in possession of the lane and the other driver was. I am also in MN and if this driver had to slam on their brakes to stop when the roads were slippery, and only slid 5 or 6 ft and then hit you, it was not safe for you to back up.

If you caused the damages, you have to pay for it.
 

kushka41

Junior Member
Minnesota

Thank you for your comments, I appreciate them. But I talked to a lawyer yesterday and he told me that since I was completely backed out of my parking spot and at a complete stop when I was hit and the other driver was going the same direction that I was going, and he was driving too fast for the road conditions. When I backed out of my parking spot the road way was completely clear. The other driver was just not paying attention. He is 100% responsible for the damages to his car. It also helps that I have a witness statement from someone who saw the entire accident happen. He can testify to the fact that when I backed out of my parking spot there was no one coming at the time. The other driver backed out of his spot at roughly the same time as I did and that does not give him possession of the lane.
 

Zigner

Senior Member, Non-Attorney
kushka41 said:
Minnesota

Thank you for your comments, I appreciate them. But I talked to a lawyer yesterday and he told me that since I was completely backed out of my parking spot and at a complete stop when I was hit and the other driver was going the same direction that I was going, and he was driving too fast for the road conditions. When I backed out of my parking spot the road way was completely clear. The other driver was just not paying attention. He is 100% responsible for the damages to his car. It also helps that I have a witness statement from someone who saw the entire accident happen. He can testify to the fact that when I backed out of my parking spot there was no one coming at the time. The other driver backed out of his spot at roughly the same time as I did and that does not give him possession of the lane.
This is different from what you posted before (well, more thorough). Listen to your lawyer.
 

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