• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Private Prperty Accident

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

grumpystar18

Junior Member
What is the name of your state (only U.S. law)? Michigan.

Today in a bank parking lot a lady came in the enterance at about 30 mph and hit my car as i was pulling out of a parking spot. She got out yelling, i offered to call the cops or exhange insurence info. She said she had to make a call to her parents. She gets in her car, gets on the phone, then backs out, pulls past me to get my plate number and takes off. I followed to get her plate. Called the cops, they claim the plate i got was invalid and nothing under it. What can i do? the damage is substantial and I dont think i should have to pay for all of it since i was not at fault.
 


Labtec600

Member
Liability aside, you can see if the bank will let you have the camera video - unlikely though.

But you should know in Michigan the most you can recover is $500 under the Michigan No Fault laws. I
 

ecmst12

Senior Member
And a good thing for you since you WERE at fault, being that you were pulling out of a parking space and she was driving down the aisle. She had the right of way.
 

alphawav

Junior Member
And a good thing for you since you WERE at fault, being that you were pulling out of a parking space and she was driving down the aisle. She had the right of way.
So if are slowly and carefully backing out of a parking spot and someone comes into the entrance of the parking lot at 30mph and hits you, you are at fault? Do you realize how preposterous that sounds??

It's similar to saying that if P1 is walking minding their own business and P2 walks up and punches them in the face, P1 is at fault. That has got to be wrong.
 

hitmizzle

Junior Member
Actually, a comparable scenario would be:

P1 is jogging down the sidewalk minding his own business, when P2 walks out of the front door of a shop while texting his girlfriend, right into the path of P2.
 

alphawav

Junior Member
Actually, a comparable scenario would be:

P1 is jogging down the sidewalk minding his own business, when P2 walks out of the front door of a shop while texting his girlfriend, right into the path of P2.
Where as P2 would most probably stop or try to avoid the accident altogether.
Or are you saying P2 would on purpose run into P1, which would be malicious?
Sorry I didn't get your point, and I'm basing myself that OP is saying the truth, of course I guess it would help to see the video, now I understand why eyewitnesses are so important when bad things happen.

And I further understand why video surveillance will pervade our society within our lifetime. Too many liars and too many idiots. (who think they should keep jogging in a straight line)

OP - If you're telling the truth, Push for the bank video, try the manager of the branch and if not the regional or district manager to release, good luck.


-=-=-=

some of you guys are forgetting people come on to these boards for help and advise. I don't think saying "its your fault" "you did it!!" is a good common sense answer. Unless she (or he) is lying, what happened is not her fault, one can clearly see when someone is backing out of a parking spot after a certain degree (I guess 60% or so) that it is understood you won't get hit by an approaching party. Especially a party that hits and runs. Is there any common sense left in your guys brains?

I guess fraudsters reading these boards will have a field day "hey, the new one now is lets hit people when they are backing up at Target, we won't be at fault" ..... **********
 
Last edited:

justalayman

Senior Member
some of you guys are forgetting people come on to these boards for help and advise. I don't think saying "its your fault" "you did it!!" is a good common sense answer. Unless she (or he) is lying, what happened is not her fault, one can clearly see when someone is backing out of a parking spot after a certain degree (I guess 60% or so) that it is understood you won't get hit by an approaching party. Especially a party that hits and runs. Is there any common sense left in your guys brains?
Maybe you are forgetting that in Michigan, it really doesn't make any difference in most accidents (including the one in this thread). Michigan has a no-fault insurance that allows the injured party to claim up to $500 of damages not covered by their insurance. OP was notified of that.

OP posted:

the damage is substantial and I dont think i should have to pay for all of it since i was not at fault.
OP is obviously not aware of how the law works in MI. OP was made aware. Fault is almost irrelevant due to the fact the maximum award is $500. Most people find trying to collect that $500 more burdensome than what it is worth.
 

Zigner

Senior Member, Non-Attorney
Where as P2 would most probably stop or try to avoid the accident altogether.
Or are you saying P2 would on purpose run into P1, which would be malicious?
You would think that P2 would try to stop, huh? You DO realize that P2 represents the OP in this case, right? :rolleyes:


(Yes, I know the point is moot ;) )
 

ecmst12

Senior Member
Any driver who is BACKING UP has the duty to yield to ALL traffic moving forward behind him. She did NOT have a duty to yield to you. You collided, therefore you are at fault and your insurance would pay for her deductible if she claimed it. In this case, you are on the hook for your deductible if you have collision coverage, and all of it if you don't.

It has nothing to do with common sense, it's the LAW.
 

JustAPal00

Senior Member
You were backing out of a spot and were hit by someone driving down the lane. It's your fault. What is the posted speed limit in the parking lot?
 

Labtec600

Member
So if are slowly and carefully backing out of a parking spot and someone comes into the entrance of the parking lot at 30mph and hits you, you are at fault? Do you realize how preposterous that sounds??
You have to prove negligence on her.

Your statement is you're backing slowly and she comes flying up. Her statement is going to be she was driving slowly and you quickly backed out. You're not going to have anyway of proving she was speeding. She can prove you backed out and hit her.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top