Someone backed into my parked car...need advise.

[ned4spd8874]

What is the name of your state? Michigan

I was waiting in front of the house that I am buying for my real estate agent. While I was waiting I noticed that the neighbor next door was loading up her truck and was leaving. She backed out of her driveway and right into my drivers side door. Breaking the glass as well as jamming the door shut.

When I noticed that she was not stopping, I layed on my horn, but she didn't even slow down. And as soon as she pulled her car back into her driveway the first thing she asked was: "Why are you parked there!?!? You shouldn't be parked there!!!".

It turns out that that side of the street is no parking. But there are no signs stating there is no parking on that side of the street. There is a small no parking sign six houses down. But I didn't even see that when I was in my car waiting.

Now, I was in my car and it was in Park when this happened. The car was running though.

According to the accident report:

My car was "occupied by driver. Stopped/Parked prohibited, wrong side of street."

Am I going to be held at fault because she can't see? Granted, supposedly, there is no parking on that side, and I was parked (or would it be considered standing since my vehicle was running?) on the wrong side of the road. But she should have still looked when backing out of her driveway, right!?!? What if there were a kid playing there or something?


Anyway, any adivse would be appreciated!

 

[ned4spd8874]

Here are two links of pics. The first one is at the approximate site where the accedent happened...notice the no parking sign.

The other one is the damage to my car.

http://img.photobucket.com/albums/v153/ned4spd8874/Car Accident/HPIM0491.jpg

http://img.photobucket.com/albums/v153/ned4spd8874/Car Accident/HPIM0487.jpg

 

[stephenk]

she is at fault. submit the claim to your carrier to get your car fixed and let your carrier go after her for reimbursement.

 

[ned4spd8874]

I actually called my insurance that day, but then I was talking to some friends and they said that since she hit my parked car, she would be at fault and I should go through her insurance. I called her insurance today, but she hasn't called it in yet. I provided the police report for them because they said that that would make things faster.

But I just have a bad feeling that since it says on the report that I was parked on the wrong side of the street, they will say that it's my fault for being there in the first place, or something stupid to that effect. I just wanted to know if there are any specific rules that would apply here I guess where even though I was parked on the wrong side of the road, it is not my fault.

Does this make sense? I just have the feeling that I'm going to get $crewed again is all. So I'm a little paranoid!

 

[teflon_jones]

Regardless of what the sign says, she hit you. But, just because I'm curious, does the sign say only "No Parking", or does it also say "No Stopping"? You were NOT parked, you were stopped.

 

[ned4spd8874]

Well, I got a call from her insurance company and they approved the repair. So, it looks like this might go smoothly after all!

The only sign's on the street are the 4x4 white signs with a "P" with a circle and a line through it. Just like you can see in the pic! ;o)

 

[forthejeep]

Glad to hear her insurance will cover you. I also had some good news today regarding an insurance claim.
Are you sure you still want to buy that house?? It sounds as if you are off to a pretty rocky relationship with your new neighbor.

 

[ned4spd8874]

Yeah, I know....thought about that too. But it's a great house for the money and the area that it's in. I've been looking for a few months and this is the best one yet. It is just about perfect for me.

Thanks for the concern though. I just have to warn everyone when they visit to a.) not park on my side of the street & b.) watch out for that crazy lady who lives across the street!!!!