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Parking Lot Accident

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STEPHAN

Senior Member
What is the name of your state? Florida

I was involved in a car accident. I have been in the US for 23 years, and it was my first accident, so I could use some help.

I slowly backed out of a parking spot on a supermarket, and (I believe) I stopped to change gears. At that point a very old lady hit me from behind. She was driving very fast. All damage I could see is the back bumper, but I am not an expert. She hit the area where the hitch mount was behind plasic, so she has a lot more damage to the front. (He car had a lot of damage all over.)

She got out of the car, apologized, and said she did not see us. My wife, who was next to me, heard that, too. The lady only had her registration but nothing else. She was very nervous and searched for about 15 minutes. She offered me to come with her, and I followed her home. She went into the house and never came out again. Her son came out and told me she could not find her papers, but they would file a claim with Progressive. And they did.

My wife stayed at the supermarket and waited for a mother and her 13-year-old son, who witnessed the accident. She got their phone numbers. They have a Tesla, but unfortunately, you only see the before and after of the accident.

I filed a complaint with my insurance company (Allstate), but they said that my deductible is $500, and my premium would go up. They suggested that I try their insurance first.

The supermarket has cameras, but they said that often, you can not see much. They said I needed the police to review the footage.

To our big surprise, Progressive told us today that their insured claims that we backed into her.

I called the police, but they do not want to get involved because it is private property and a civil matter.

I called the supermarket, and the manager promised he would look at the video to see if anything was visible. However, he also told me I would not be able to get it. I assume a lawyer could subpoena it?

My wife spoke to the witness again, told them what the insurance said and their response was "That did not happen. If you go to court, let us know, we will come!"

I gave Progressive the number of the witnesses and sent the pictures.

And advice? How badly did I mess it up?

What happens if it is her word against our word? Is my wife an acceptable witness?
 


adjusterjack

Senior Member
Sorry, but when you back out of a space and you hit somebody you are at fault. It's just a fact of life that you have to accept. The other driver had the right of way and you had the duty to not back out unless it was safe to do so. It obviously wasn't safe to do so because you hit somebody.

Your witnesses and any video would only confirm that you backed out and hit somebody.

Your wife is biased in your favor and would not be very credible. Even if she was totally unbiased, what could she say other than admit that you backed out and hit somebody.

Your perception that the other driver was going fast is just that, a perception. And it wouldn't matter because she had the right of way.

You can google parking lot accidents and read about them all day long.
 

zddoodah

Active Member
I filed a complaint with my insurance company (Allstate), but they said that my deductible is $500, and my premium would go up.
Your premium should not increase because of a not-at-fault claim. Of course, that assumes your insurer agrees that you were not at fault.


I called the police, but they do not want to get involved because it is private property and a civil matter.
There's nothing for the police to do in a situation like this: no crime committed; minor property damage; no personal injury.


I called the supermarket, and the manager promised he would look at the video to see if anything was visible. However, he also told me I would not be able to get it. I assume a lawyer could subpoena it?
In order to obtain a subpoena, a lawsuit would have to be filed.


And advice? How badly did I mess it up?
I don't see any messing up. It's an insurance matter. If you don't like the other driver's insurer's claim determination, you're free to sue the other driver.


What happens if it is her word against our word? Is my wife an acceptable witness?
Most auto accident cases come down to witness testimony. I'm not sure what you mean by "acceptable witness." The witnesses are you, your wife, the other driver, and the unrelated witnesses. If those unrelated witnesses' testimony supports you, then you probably have the advantage.
 

quincy

Senior Member
When you back your car into a car that has the right-of-way, you are (typically) at fault - and your premium could be increased.
 

Bali Hai Again

Active Member
I slowly backed out of a parking spot on a supermarket, and (I believe) I stopped to change gears. At that point a very old lady hit me from behind. She was driving very fast.

Sounds like the elderly lady did the hitting. Sounds like a case of OP carefully backing out of a parking space and getting rammed by an impatient driver going at an unreasonable speed (perhaps attempting to get by the person backing up by speeding). Slowly and cautiously backing up (as required) gives other drivers the opportunity to appear out of nowhere and those drivers have time to stop before causing a wreck.
 

quincy

Senior Member
I slowly backed out of a parking spot on a supermarket, and (I believe) I stopped to change gears. At that point a very old lady hit me from behind. She was driving very fast.

Sounds like the elderly lady did the hitting. Sounds like a case of OP carefully backing out of a parking space and getting rammed by an impatient driver going at an unreasonable speed (perhaps attempting to get by the person backing up by speeding). Slowly and cautiously backing up (as required) gives other drivers the opportunity to appear out of nowhere and those drivers have time to stop before causing a wreck.
Yes STEPHAN’s car was hit but … the car on the straightaway has the right of way. It sounds as if STEPHAN’s cautious backing up was not cautious enough.

It appears that everyone agrees on the facts of the accident except possibly on the speed of the other driver. STEPHAN can argue fault if he wants to. I don’t think citing the driver’s age is a winning argument, though.
 

STEPHAN

Senior Member
I guess it all boils down to what the witnesses say. It is a mother and her 13 year old son. The insurance can only talk to the son with the mom present. He saw it fully.

I will keep you posted.
 

Bali Hai Again

Active Member
I have stopped and waited for many many people backing out of a parking space who were already in the process of backing out when I arrived. I have never had the urge to ram them because I had the right of way.
 

STEPHAN

Senior Member
It was an old lady, who on scene admitted that it was her fault and that she did not see us. But when she got home, her son changed the story. If I can not prove it, it will be my fault. Lesson learned.
 

quincy

Senior Member
It was an old lady, who on scene admitted that it was her fault and that she did not see us. But when she got home, her son changed the story. If I can not prove it, it will be my fault. Lesson learned.
Florida is a “comparative fault” state so if you are found more than 50% at fault, you cannot collect damages.

https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html

You have the challenge of overcoming the presumption that the driver with the right of way has, surprise :), the right of way and that this driver was more than 50% at fault.
 
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adjusterjack

Senior Member
I have stopped and waited for many many people backing out of a parking space who were already in the process of backing out when I arrived. I have never had the urge to ram them because I had the right of way.
But if a car backed out suddenly in front of you and you hit it, then you would be at fault, according to your theory (which is wrong, by the way.)
 

LdiJ

Senior Member
But if a car backed out suddenly in front of you and you hit it, then you would be at fault, according to your theory (which is wrong, by the way.)
I am confused AJ. Is it always the fault of the person backing up, no matter what, or are there some instances where it's the fault of the person who ran into the person backing up? Your previous post made it sound like the former, this one makes it sound like the latter.
 

quincy

Senior Member
The one backing out of a parking space needs to avoid backing into a car with the right of way. The legal presumption is that the driver with the right of way is not at fault if a car backs out into that car’s path.

Adjusterjack has not changed what he said originally. He just worded it differently to reply to Bali Hai’s post.
 

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