whose fault in a parking lot?

[wilks1]

Texas- I was in the main "aisle" of a parking lot and another car pulled out in front of me. I hit the other car's right front side. The officer at the accident said it was the other car's fault (for failure to yield right of way) and that's what the police report says, but the insurance company is denying fault. They say no fault can not be established in a parking lot. I don't have collision insurance and my car is totaled. Is there anything I can do?

 

[stephenk]

Your car is totalled? how fast where you going?

In any event, you can sue the other driver and the owner of the car (if different) in court for the value of your car or the cost of repairs whichever is lower.

 

[I AM ALWAYS LIABLE]

Your car is totalled? how fast where you going?

In any event, you can sue the other driver and the owner of the car (if different) in court for the value of your car or the cost of repairs whichever is lower.

My response:

Stephen, it's not the speed of her car that caused it to be totaled. It was the year, make and model - - a 1964 Ford "Comet" Station Wagon !

Retail value = $49.25

One minor dent, and it's all over.

IAAL

 

[JETX]

Wilks, if you were able to get a police officer to investigate an accident on private property (as the parking lot was), that is very unusual. Most police agencies won't touch a private property investigation.

In any case, as you have found out, the insurance company does their own investigation and determines who is more likely at fault. Some insurance companies are fair if their party was at fault, some completely refuse to accept responsibility on private property. Usually, the two parties insurance companies will work out some mutually agreement resolution in a case like this. However, since you do not have an insurance company to 'fight for you', you will have to do so on your own.

If you disagree with their determination, you have little recourse other than to file a small claim action against the other driver. His insurance will then retain legal counsel for him to defend against your claim.

Best of luck... it is unusual for a Pro Se litigant to succeed against a competent attorney.