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who pays damages for an accident in a parking lot?

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sfreitas

Guest
What is the name of your state?What is the name of your state? Ohio
My 18 year old son was hit yesterday in a large parking lot where he works. the man who hit him was driving across the open spaces in the lot. there is damage to the rear passenger door, & it won't open, but it is otherwise driveable. the man waited for about 30 minutes for the police to show up, but then said he couldn't wait any longer, because he was leaving the country the next day, & had too much to do. he will be gone for 10 days. he gave my son his insurance information & home address & ph#, and left. the police finally arrived about an hour after they were called, & told my son that since it happened in a parking lot, it is considered "no fault". exactly what does that mean? he also told him that he and the man who hit him will have to both come to the police dept at the same time to file the police report. who pays in a "no fault" zone, such as a parking lot?
 


Happy Trails

Senior Member
sfreitas said:
What is the name of your state?What is the name of your state? Ohio
My 18 year old son was hit yesterday in a large parking lot where he works. the man who hit him was driving across the open spaces in the lot. there is damage to the rear passenger door, & it won't open, but it is otherwise driveable. the man waited for about 30 minutes for the police to show up, but then said he couldn't wait any longer, because he was leaving the country the next day, & had too much to do. he will be gone for 10 days. he gave my son his insurance information & home address & ph#, and left. the police finally arrived about an hour after they were called, & told my son that since it happened in a parking lot, it is considered "no fault". exactly what does that mean? he also told him that he and the man who hit him will have to both come to the police dept at the same time to file the police report. who pays in a "no fault" zone, such as a parking lot?
No-fault states adopt the approach that everyone is to "make themselves whole" after incurring damages as a result of an auto accident. By making everyone responsible for his or her own loss, states hope that the number of lawsuits will be reduced, since liability does not have to be determined.


https://accident-law.freeadvice.com/no_fault_at_fault.htm

The term “nofault” can be confusing because it is often used to denote any auto insurance system in which each driver’s own insurance company pays for certain losses, regardless of fault. In its strict form, the term no-fault applies only to states where insurance companies pay “first-party” benefits and where there are restrictions on the right to sue.
 

JETX

Senior Member
Happy Trails said:
No-fault states adopt the approach that everyone is to "make themselves whole" after incurring damages as a result of an auto accident.
Actually, that isn't correct for THIS situation.

told my son that since it happened in a parking lot, it is considered "no fault". exactly what does that mean?
What the officer meant by the private parking lot being a 'no fault' zone is that the police do not investigate an accident on private party. Simply, they do not determine fault.

who pays in a "no fault" zone, such as a parking lot?
This leaves any determination of who's insurance pays what up to the individual insurance company's.

Have your son file a claim against the other drivers insurance. The problem is, they won't complete the claim without talking to their policyholder.... who is not available. If you can't wait for him to return, you might consider turning this in on your insurance in the interim.
 

Happy Trails

Senior Member
Thanx JETX, that explains why after posting I found info. that Ohio was not a 'no fault' state. I was still surfing to see if that was outdated or a recent change in state law.
 

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