Liabilty Problem

What is the name of your state? California

I recently had an accident in the parking lot at my place of employment. I had backed out of my parking spot, and was driving down the lane almost a full minute when someone backed out of their spot in front of me with no time for me to stop, and we hit. At the time, a pedestrian was to my right, and I glanced right to notice her. In this short time was when the other party's car appeared. She told the insurance company I was speeding (30mph), and so did the witness. I believe they are both very bad judges of speed, and since I was already moving, isn't responsibilty on her to look before she backs up? She was also on her cellphone at the time. Her insurance has since declared this to be my fault. I plan to fight this if it looks logical.

Darran said:

What is the name of your state? California

I recently had an accident in the parking lot at my place of employment. I had backed out of my parking spot, and was driving down the lane almost a full minute when someone backed out of their spot in front of me with no time for me to stop, and we hit. At the time, a pedestrian was to my right, and I glanced right to notice her. In this short time was when the other party's car appeared. She told the insurance company I was speeding (30mph), and so did the witness. I believe they are both very bad judges of speed, and since I was already moving, isn't responsibilty on her to look before she backs up? She was also on her cellphone at the time. Her insurance has since declared this to be my fault. I plan to fight this if it looks logical.

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Yes, she should look before she backs up.

Darran said:

What is the name of your state? California

I recently had an accident in the parking lot at my place of employment. I had backed out of my parking spot, and was driving down the lane almost a full minute when someone backed out of their spot in front of me with no time for me to stop, and we hit. At the time, a pedestrian was to my right, and I glanced right to notice her. In this short time was when the other party's car appeared. She told the insurance company I was speeding (30mph), and so did the witness. I believe they are both very bad judges of speed, and since I was already moving, isn't responsibilty on her to look before she backs up? She was also on her cellphone at the time. Her insurance has since declared this to be my fault. I plan to fight this if it looks logical.

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You are responsible for driving your car at a speed that made you unable to stop in time. Any insurance company will find you at fault; ESPECIALLY with a witness backing the other person.

Or Not said:

You are responsible for driving your car at a speed that made you unable to stop in time. Any insurance company will find you at fault; ESPECIALLY with a witness backing the other person.

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I'm going to disagree. Most often the person who is backing out is determined to be at fault, not the driver who is going straight.

Its one thing to be going straight, and hit a vehicle that has stopped suddenly.
Its another thing to be going straight, and avoid something that is COMING TOWARDS you.

Darran

I do understand that I should drive at a safe speed in a parking lot. Both the other driver and witness claim that I was doing 30mph was jus complete untruth. The adjuster says that the damage looks as if the collision was at about 25mph. I believe this was because I was at about 15mph and the other driver backed up at about 10mph. She says she had stopped and was changing gears when I slammed into her. Untrue. She was still moving. I'm requesting the security camera videotape at my work.