After seeing TDKR (we all know the awesomeness in the film) we were leaving the theater. My friend's Accord is in between an F-150 and a Suburban. All four of us pile in and he starts backing out inch by inch. All of a sudden, a honk and small crash. Some dude driving a Camry decides to beat my friend and ends up hitting us on the side (Accord back right side at the trunk and the Camry's front right damaging the headlights). The guy in the Camry comes out pissed saying he had the right of way and my friend should have stopped. Then both my friend and I both bertstared the guy in the Camry. My friend tells him "Seriously dude, how can I see you". I chime in with "are you a dumbass? we are in between two big ass vehicles, how can we see you? You obviously see the trunk sticking out with us backing out." The Camry dude just kept saying no no no, the car riding through the lot has the right of way. The police come and say its a civil matter, so the insurance companies have to decide on it. If the two broads in the back could have warned us though, it could have been avoided, but we were talking about the movie. But still, couldn't the guy in the Camry just have stopped? He sees us backing out and we can't see him. Took pictures of the parking lot we were in with the two vehicles we were in between still parked there. I think we had the right of way. Dude could have stopped and waited for three seconds like the car coming down the other way did (wish they would have been a witness).
I have to side with the Camry. It's the backer's duty to ensure the way is clear before backing out. Your friend could have asked one of you to get out a look for him. Answer this...if your friend did see the Camry coming, would your friend have stopped and waited?
There is no right of way in a parking lot. It's private property. As for the civil matter, the Honda Accord and Toyota Camry are both too low for drivers to see over the F-150 and Suburban. I wouldn't play the blame game. I think both insurance companies will end up not acknowledging any fault.
Camry should have driven defensively and stopped if he saw your friend backing out, but if he didn't and your friend hit him, I'd say it's your friend's fault.
Since it is on private property and nobody was there, you can make up anything honestly and deny deny deny, but in reality it all depends on how far you were in the lane before he hit you and this is determined by where his car was hit. Since your car was damaged at the truck and his damage was the headlight there is no clear indication as to who was at fault since the fact that he COULD have sped up like you said or you could have backed into him. My feeling is that the insurance company will each pay for their own vehicles.
Criminally, there is no such thing as "right of way" in a parking lot because it is private property. In this case, it is about negligence (civilly), duty owed and duty breached. The Accord had a duty to make sure the isle was clear before backing and he breached that duty by proceeding into isle when he admittedly couldn't see. Therefore, the Accord is 100% negligent here. If your friend couldn't see, he should have had a passenger assist either in the car or out of the car (yeah no one does this, but it is something I learned in DD when I was young). Also, don't listen to anyone who would tell you or the others involved to lie. Liars suck. In the end, this was a small fender bender with no injuries so the long term ramifications are nil. Your friend should be truthful on what happened and move on with his life. Besides, as long as the adjuster has any sort of competence, the points of impact and the damage on the vehicles will normally support one version over the other.
Yeah, I think both insurances companies will just say the other is at fault. To me, it is just common sense though. If I see someone backing out, especially if it is a car between larger vehicles, I will let them back out and not try to beat them and have to wait the long five seconds. It is almost like the guy wanted to get into an accident or something. He could have easily waited.
As long as everyone tells the truth, then this shouldn't happen. Who is at fault here is very easy to establish based on the facts you have provided.
I understand what you're saying (could have had someone step out of the car and look), but what if there was only one person driving? What do you expect someone to do? Back out a little, put their car in park, get out to scan the scene, and then get back into the car to continue backing out? I really think the Camry was the one at fault. He could see us backing out, but wanted to beat us instead of being patient like the other car who was driving the opposite way. The Camry driver should have used some common sense.
That is similar to saying that if you were speeding and rear ended someone that was going slower, the person in front is at fault for not going faster. Unless you can prove the Camry "intentionally" hit you (which you can't), then you are out of luck in that theory. If there was only a driver, being that the movie was letting out, how about asking someone else walking to their car to look out for you? Anyway, that doesn't apply here as there was a car full of people and any of the 3 passengers could have gotten out and provided a lookout.
The Camry. Same thing happened to my brother. In fact my brother was all the way backed out and some bimbo ran into the side of his car.insurance company said it was still his fault.
The lane that yields the most traffic always gets the right of way. Unfortunately, backing out of a parking space leaves you low man on the totem.
why? that is making the assumption that both drivers were moving their cars at the normal speeds that you are imagining them move at.
He hit you? I got backed into in a parking lot several years ago. I was waiting for a spot and this old guy backs into me (tboned). I was unable to move forward because of the guy backing out of the spot I wanted and there was a car behind me. Their insurance company paid. I would push the issue. As others have said, there's no right-away and he hit you, seems pretty simple.
Why would the guy not have stopped...unless you backed up right as he was passing. Both of u were probably texting anyway so its both your faults.
It's a parking lot so how fast could have he been going to not see you or just simply blaitanly just avoid you and think he can make it. I always stop for cars backing out though, seems like its just a general rule.
