I passed the spot where I was going to park to pull in reverse and while I was going in reverse this idiot who was in the opposite side of my parking spot was pulling out and scrapes the right side of the bumper its going to need paint now I would like to know if the Insurance company is going to see it as he is at fault or is it going to be a 50-50 thing should I go through the insurance or have him pay for it if I can ...

 

police report?

 

Also I forgot to add it was at my companies parking lot so we left as to talk when we got back from lunch...

 

If you were parking and he was at a stand still and then proceeded to move his vehicle then you would be at less fault.

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by cnyej1 &raquo;</TD></TR><TR><TD CLASS="quote">If you were parking and he was at a stand still and then proceeded to move his vehicle then you would be at less fault. </TD></TR></TABLE>

Yea he had to wait until i finished parking and then proceed but in his mind he probably thought i wasnt going to park there or sumthin..

 

more often than not, if they hit you, they are at fault.

I had a similar case where I was making a left and swung out a little bit to the right to cut the turn sharp. Well the guy behind me was kinda drunk (that part wasn't reported) and thought that I was going right, so he started to go around me as I was making my left... and the BAM, he hits my rear, driver side fender and wheel.

I could have been at fault slightly because of me swinging out a bit, but the insurance said it was his fault

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by drr86 &raquo;</TD></TR><TR><TD CLASS="quote">more often than not, if they hit you, they are at fault.

I had a similar case where I was making a left and swung out a little bit to the right to cut the turn sharp. Well the guy behind me was kinda drunk (that part wasn't reported) and thought that I was going right, so he started to go around me as I was making my left... and the BAM, he hits my rear, driver side fender and wheel.

I could have been at fault slightly because of me swinging out a bit, but the insurance said it was his fault</TD></TR></TABLE>

if you had your left blinker on it would be 100% his fault. if you did not, you could get a citation for not using your signal, but would still most likely be reported as his fault.

to the op, it could also be seen as nobody at fault. i dont know how your insurance co works, but a few years ago i had someone swipe my door in a parking lot pulling into their space. my ins co made me go to the police station and file a report, then the next day took my car to their drive in center, and walked out with a check in my hand. simple as that, but its not always that easy...

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by JayBinNyC88 &raquo;</TD></TR><TR><TD CLASS="quote">I passed the spot where I was going to park to pull in reverse and while I was going in reverse this idiot who was in the opposite side of my parking spot was pulling out and scrapes the right side of the bumper its going to need paint now I would like to know if the Insurance company is going to see it as he is at fault or is it going to be a 50-50 thing should I go through the insurance or have him pay for it if I can ...</TD></TR></TABLE>

Chance is they will call the accident "no fault". I have been a few parking lot scuffs and they always tell me there is no way to "prove" who was at fault.

Personally, if I were you, I would get ready to pay out my deductible. If you have not been in any other accidents, it "should" not have any impact on your rates.

Good luck

 

i was in my 02 civic at wal-mart, waiting for a car to pull-out so i could rap around and drive down another lane to look for parking....

well this ***** for some reason throws it in reverse and starts backing up, i honked, he hit me. I got almost 2 g's just for that. his insurance paid no problem.

 

that happened to me too almost exactly the same ! insurence will fault him with more % than you since you were in the drive lane. a person backing out of a space has to yeild to the cars coming down the drive!! good luck

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by Hellzcivic &raquo;</TD></TR><TR><TD CLASS="quote">

Chance is they will call the accident "no fault". I have been a few parking lot scuffs and they always tell me there is no way to "prove" who was at fault.

Personally, if I were you, I would get ready to pay out my deductible. If you have not been in any other accidents, it "should" not have any impact on your rates.

Good luck</TD></TR></TABLE>

This is true.. since the accident was on private property and not on a public road then it cannot "legally" be considered anyone's fault. Police even have a special report for parking lot accidents, they call it a "private property" report here. It just states what happens, but cannot be used to determine fault.

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by IT GUY &raquo;</TD></TR><TR><TD CLASS="quote">

This is true.. since the accident was on private property and not on a public road then it cannot "legally" be considered anyone's fault. Police even have a special report for parking lot accidents, they call it a "private property" report here. It just states what happens, but cannot be used to determine fault.</TD></TR></TABLE>

Well thanks for the all the advice what I did is reported it saying what happened and see what happens I hooked up my story a lil bit to help me even more but the damage cost is probably going to be less than my deductible which is 500 so what ever happens happens I just dont want my insurance to go up..

 

NY = No fault