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  1. #1
    fin22 is offline Junior Member
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    Resident Parking Lot - I was backing out, she was pulling into adjacent spot...

    What is the name of your state (only U.S. law)?
  2. #2
    CdwJava is offline Senior Member
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    We need your state, and a little more detail as to what happened.
    A Nor Cal Cop Sergeant

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  3. #3
    ecmst12 is offline Senior Member
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    Backing driver is at fault.
  4. #4
    fin22 is offline Junior Member
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    Quote Originally Posted by CdwJava View Post
    We need your state, and a little more detail as to what happened.
    sorry for some reason the details didn't post.

    So this is bit different than the normal case, where one driver is backing up and hitting a car just waiting.

    what happened, what that I was backing out of my resident parking guest space, as another car was pulling into the adjacent space to the left of me. her car and my car managed to scrap against one another while this happen. So I have a huge scrap marks on my driver side front door and she has a few scraps on her passenger side front bumper. Since she had an SUV she had any damage at all, but my door need a lot of body work. I can't tell how we managed to make this happen, I was looking in my side and rear view mirror, she must have come around the corner and immediately parked, and perhaps she took it wide? Not sure.

    state = california
  5. #5
    CdwJava is offline Senior Member
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    Sounds like a little fault to be applied on both sides.

    Notify your insurance company, provide the other party's information to your company, and let them handle it. If you are not covered for this, you can probably make a claim with the other party's insurer and hope they agree that their client is more than half at fault.

    ecmst12 would know better, but my take would be that if the scenario is as you claim that it might be a 50/50 designation of fault here.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  6. #6
    sandyclaus is offline Senior Member
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    Quote Originally Posted by fin22 View Post
    sorry for some reason the details didn't post.

    So this is bit different than the normal case, where one driver is backing up and hitting a car just waiting.

    what happened, what that I was backing out of my resident parking guest space, as another car was pulling into the adjacent space to the left of me. her car and my car managed to scrap against one another while this happen. So I have a huge scrap marks on my driver side front door and she has a few scraps on her passenger side front bumper. Since she had an SUV she had any damage at all, but my door need a lot of body work. I can't tell how we managed to make this happen, I was looking in my side and rear view mirror, she must have come around the corner and immediately parked, and perhaps she took it wide? Not sure.

    state = california
    You're at fault. Backing up gives you the responsibility of having to look behind you to ensure that it is safe to proceed - different than looking forward like one would normally do. If you weren't able to see the other vehicle as they pulled into the parking space next to you, then it would have been in your blind spot. That doesn't relieve you of liability - in fact, it reinforces the need to take extra care to ensure that you can clearly see ALL around you, especially where you are going when backing out.
  7. #7
    ecmst12 is offline Senior Member
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    Backing driver has the greatest duty to yield to ALL traffic moving forward. Backing driver is at fault, more than 50%
  8. #8
    CdwJava is offline Senior Member
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    Although, it would seem that buy the description - if the OP was backing straight - that the other driver turning IN to the space may well have clipped him whether moving or not. If he was backing out at an angle, I can certainly see how the backing driver would be the party most at fault.

    This is a matter to be decided by the insurance companies and he'll be fortunate if it's a 50/50 deal.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  9. #9
    fin22 is offline Junior Member
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    I'll let you know how it goes...

    I just filed a claim with AAA, and explained the situation. I'll post to this forum to let you know the outcome. Thanks for the advice.
  10. #10
    swalsh411 is offline Senior Member
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    Was your drivers door (where the other vehicle hit your vehicle) still within the lines of your spot at the time you were hit? If so I cannot see how you can be at fault as the other driver came inside the boundries of your parking space and hit you. (and probably would have hit your car even if you hadn't been backing out)

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