Car accident in a parking lot - any advice?

Discussion in 'BBS Hangout' started by BEAT LA, May 6, 2013.

  1. BEAT LA

    BEAT LA Member

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    I was in a fender bender in a parking lot this evening. My alignment is messed up pretty bad and the front-left side of my bumper is sticking out while the other car (fairly old and scratched up) received a few very minor scratches with no dents.

    I was coming across the intersection from the left side in this picture and saw the lady coming on my left then I hit my brakes. I stopped completely while I watched her run directly into my car and she finally hit the brakes after she slammed into me. I watched her look at me and I was wondering why she didn't stop. She froze up and went towards my car instead of away. If I didn't hit the brakes I think she probably would have hit the rear of my car. One guy ran over and said he saw the whole thing. He said she hit me because she was speeding and that I stopped. I thought so too. I took his name and number and waited for the police to arrive.

    She refused to give me her insurance until the officer came. She said since it's private property and that she could not issue anyone a ticket. She took our insurance information and exchanged it for us then told me to deal with the insurance company. Neither side had a stop sign.

    A couple of rules that I think are void due to the collision occurring on private property:
    -The person on the right of the intersection has the right-of-way if there is not a stop sign and both cars arrive at the same time (even though I was there first)
    -The car on top of the T-intersection has the right-of-way if there is no stop sign (I was on top if you don't consider the road entering the location private property)


    [​IMG]

    I plan on calling her insurance company to try to prove she was at fault as she hit me. The pictures of the skid marks show I came to a complete stop. Mines look almost like a backwards 7 showing she hit me after I came to a complete stop while hers show she barely tapped her brakes. What do you recommend?
     
  2. rocketsfeeva

    rocketsfeeva Member

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    That complex near veterans has some horrible drivers OP. But since you have that witness, shouldn't you be in good shape?
     
  3. Nook

    Nook Member

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    Go through your insurance company first and see what they say.
     
  4. BEAT LA

    BEAT LA Member

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    I'm on the same policy as my girl and this will be our third claim in a year (thanks to her). I don't want them to cancel our policy.

    I agree. On my way there someone cut me off and slammed on their brakes right in front of a red light. I think Mondays and Fridays are the worst days to drive. People are hungover and just drive stupid on Mondays and Fridays have the most traffic. I don't think the witness will help much. I regret not recording him making his statement when the cop asked where's the witness. She called a few of her friends/relatives so she could use them as her witnesses. None of them were around after the cop showed up 90 minutes later.

    What's funny is one of her friends told me not to scream at her (because you can't scream at a young woman). This was after she got out the car and screamed at me for asking her for her insurance. She raised her voice and I raised it back and told her she hit me. Her friend said, "How would you like it if I screamed at your girl?" I put my hand in his face to establish my alpha status and said who the **** are you? He did the same to me asking how I liked it and acted like he was gonna do something. I stepped up to him and did it again to re-establish my dominance. He backed down after acting like he was gonna throw down.

    Anyways, should I hire a lawyer?
     
  5. platypus

    platypus Member

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    YES definitely hire a lawyer DO IT NOW

    I had something similar happen to me a while back and my first mistake was not getting a police report stating the lady was at fault. THAT IS KEY.

    If you can't prove that she was at fault she could sue you claiming you hit her and caused her "emotional stress etc.." Trust me nowadays "accident" is keyword for "lottery" for some of these broke ass people.

    Make sure you took good pictures of the accident and next time try to get some witnesses.

    I failed to do this and the bitch tried to sue me when she was the one who caused the accident. Needless to say it took about 6 months for the **** to clear out, and that's after my lawyer opened up a can of whoop ass on her "story".
     
  6. Jontro

    Jontro Member

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    How much did you lose in court and lawyer fees?
     
  7. BEAT LA

    BEAT LA Member

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    The damages are around $1300. If I call her insurance company and they deny my claim then hire a lawyer and win, will they have to pay my lawyer fees?
     
  8. platypus

    platypus Member

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    I believe lawyers are "paid" by taking a cut of what you get from the insurance company.

    But it honestly depends on what you "sue" her for, If you just want damages for your car then her insurance should pay for it. But of you want to claim you got injured (idk if you did or not) then it gets a little bit more complicated.

    Usually then the other person's insurance will do an investigation and determine how much to pay you.

    However you should only hire a lawyer if she tries to weasel out of paying for the damages.
     
  9. gnozahs

    gnozahs Member

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    I'm not fully understanding where you were and where the other driver was but I was involved in a parking lot accident in March at my university. It was not my fault as she t-boned me and I had the right of way. It's May and my car is still not fixed. Her insurance took 1 month to finally get in contact with her and they are still saying they are trying to figure out who's at fault. Just last week, they finally called me back and told me to bring my car to their inspection site and they deemed it totaled.

    What I learned... annoy the crap out of her insurance or else they will just keep stalling and playing dumb with you. If you have collision on your policy, I say pay your deductible and let your insurance go after her ass. I only have liability so my only hope of getting my car fixed or paid off is through her insurance.
     
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  10. BEAT LA

    BEAT LA Member

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    [​IMG]

    keep in mind there are no stop signs on either side. I am guessing both of us should yield. I would have saw her if she was going 30, but as you can see there is a wall that obstructs the view of her car. There is no way she tried to yield and she said she had the right-of-way, so I doubt she even thought of checking to see if anyone was coming.
     
  11. body slam

    body slam Member

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  12. body slam

    body slam Member

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    One more thng she was on top of the T since you did not have a straight and clear path a head of you.
     
  13. BamBam

    BamBam Contributing Member

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    [​IMG]
    Get a hold of this guy, he'll know what to do......:eek:
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  14. codell

    codell Contributing Member

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    Lawyers are more helpful in BI claims. They aren't going to have much of a say with either insurance company when it comes to liability. Plus, an attorney is just going to take a cut of the money you get to pay for the damage to your vehicle.

    Your witness is your best friend here and will help. You pulling into the intersection and stopping is going to hurt believe it or not.

    Unfortunately, more often than not, parking lot incidents like this where both parties blame on another end up being ruled comparative negligence (IOW, each carrier will deny the 3rd party's claim and each will file under their own policy).
     
  15. pippendagimp

    pippendagimp Member

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    i'd have to agree....looks like the girl had the right-of-way here
     
  16. codell

    codell Contributing Member

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    If I am looking at the photo and understanding correctly, I think you may be at fault. The other driver had a straight shot at exiting the parking lot. IOW, she is on the "main" drive in the parking lot. There is not hard rule here, but in general, I think she has the right of way (if there is one).
     
  17. smr6

    smr6 Member

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    I have to agree with others after looking at the photo. It looks like she had the right of way.
     
  18. Surfguy

    Surfguy Contributing Member

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    You screwed up imo. I'm not clear how much time she had to stop (it doesn't seem like she had that much time to stop if you were caught crossing and abruptly stopped) when you were trying to cross but you have to yield to traffic in both directions in that scenario given that is right near the parking lot entrance, i.e. that is the main lane of traffic into and out of the parking lot...not the lane you were coming from. Of course, if you can prove she was speeding and/or driving recklessly...then that could change things. I understand you had limited visibility there but so did she. Tough one as it seems like a dangerous place in that parking lot. I'm sure it wasn't the first accident there.
     
  19. Joe Joe

    Joe Joe Contributing Member

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    I think this is the important factor. There does not have to be a stop sign for you to be required to stop. If it is determined she was driving too fast, that is your only hope and then it will probably be joint liability.
     
  20. rocketsfeeva

    rocketsfeeva Member

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    That picture you just posted makes it a lot clearer now, sorry OP but the lady had right away. Also if you saw he coming, why did you break and let her hit you?
     

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