Who is at fault?

[thelizzy]

What is the name of your state?
Pennsylvania

Yesterday, I was pulling into a parking lot, looking for a parking space. I was hit by a woman backing out. We got out of our cars, and I said "Please just tell me the damage isn't bad". It isn't, but my year-old Ford Focus now has a dinged hubcap and the area on the body/bumper above the RIGHT REAR tire.
The woman claims it was not her fault, and that I was going 35. Obviously, going 35 in a parking lot when you're looking for a space is absolutely absurd. I was going 10, maximum. The parking space were on an angle, and therefore, I did not see her "backing up" lights. They were like this

-----> direction i was traveling
/ car / car / car / car / car / car / etc.

As you can see, I was going the opposite direction that you should have been, but it was a parking lot and it was unmarked which direction you are to travel, i.e. no arrows or signs.

The woman said it was my fault. I said, "I beg to differ, YOU hit ME." She said, "I have a witness." I looked at her car, and didn't see anyone. I got up on my tiptoes, and she had an elderly lady in her passenger seat. Theoretically, the passenger should have seen me coming and told her to stop, given the angle of the car.

Additionally, given where she hit me on my car, she would have been LUCKY if I had been going 35, because I would have cleared her car and she would not have hit me.

At the point of disagreement, I said, "Well, we should call the police and let them decide." She replied, "No. I have an ice cream cake in the car and I'm expected at Outback Steakhouse soon. It's your fault."

Then, while exchanging information, she says "Well, YOUR insurance rates are going to go up." To which I replied, "Why? YOU hit ME."

So the woman leaves. I'm EXTREMELY upset. I call my insurance company and file the precursory stuff for a claim. Then I call the local police, an officer comes to the parking lots and I file a report with them. The officer told me that, although parking lots are out of their jurisdiction, the person who hit me was at fault.

So now what? I will not get my car repaired unless she pays for it, because I am only a year out of college and trying to save money for my wedding. Do I have a case? Should I take her to small claims court? Someone HELP!

 

[BelizeBreeze]

Let your insurance company handle it.

Basically, as a great American once said, the woman is blowing smoke up your skirt.

 

[JETX]

I agree that you should let your insurance company handle it.... but, in my opinion, it does NOT look good for you. Simply, you were going the WRONG way down the parking lane. Someone who is backing out of a diagonal parking space is NOT expected to look and see if some idiot is coming down the wrong direction.

 

[thelizzy]

You do not need to call me an idiot.

And, as I stated, the parking lot was not marked as to what way traffic should have been traveling. Additionally, with research that I have done, and from what the police officer told me, if, for example, someone's car was hit because the oncoming car ran a stop sign, the person who was hit cannot technically get the other car cited because they ran a stop sign, since it was private property.

Additionally, I am told that, when backing out of any space, the person who is doing so is responsible for looking to make sure that it is safe to do so.

Please refrain from name-calling. I'm seeking an honest answer here, not name-calling.

 

[JETX]

"Please refrain from name-calling. I'm seeking an honest answer here, not name-calling."
*** Lets get this straight. I NEVER called you a name. I said, "Someone who is backing out of a diagonal parking space is NOT expected to look and see if some idiot is coming down the wrong direction."
The only way that statement (and 'name calling') would apply to you is if you admit you were going the wrong way. Yet, you seem adamant that you weren't. You can't have it both ways!!

Also, I did give an honest answer...... maybe brutally so, but it is ACCURATE and honest!!

"And, as I stated, the parking lot was not marked as to what way traffic should have been traveling."
*** Though there aren't little 'arrows' directing traffic, anyone with half a mind (is that better?) would know that you can't enter a diagonal parking space when traveling the WRONG way down the lane. The obvious result (to anyone else) is that only an idiot would not realize that they were driving the WRONG way..... then try to argue about it by saying 'it wasn't marked!!'

"Additionally, with research that I have done, and from what the police officer told me, if, for example, someone's car was hit because the oncoming car ran a stop sign, the person who was hit cannot technically get the other car cited because they ran a stop sign, since it was private property."
*** And what does issuing a citation on private property have to do with this?? Your question was 'Who is at fault?', not 'Who gets a citation?'

 

[BelizeBreeze]

I am SOOOOOO glad I had a breakfast meeting

 

[thelizzy]

Mwaha.

So I just reread my original response to JETX after about a week of surfing this site, and just adoring most of the posts by people such as JETX, HomeGuru, and IAAL.

Sorry I was so sensitive.
My matter is extremely MINOR compared to some of the insane people I've read on here.

In fact, I admire a majority of you senior posters just for your wonderful wit.

So I take back my offense and offer an apology for my idiotic response.

 

[JETX]

Your apology, and awakening, are very much appreciated.

 

[HomeGuru]

Yes, and thank you for you post lizzy.