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How do you prove an accident was not yuor fault when the only witness is on the other persons side | ||||||||||||||||||||||||||||||||||||||
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 In Accident
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|  Powered by |  Q. Parking lot accident, whose at fault? | ||||||||||||||||||||||||||||||||||||
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Q. Who's at fault, parking lot accident? i was done backing out of my parking spot and ready to shift gears to 'drive' when i turn to my left side to check if there were any pedestrians or cars, and suddenly i see someone's bumper like in my face. i had no reaction time to honk and the guy hit into the driver's side door. i was already waaaay out of my parking spot, my car was straight and ready to go forward. so is he at fault? will my insurance go up?
location: my high school parking lot.
you were stationary, he crashed into you, it's his fault.
Q. Please help! michigan at fault law for parking lot accident? someone hit my car while it was parked in a lot, but i was not parked in a legal spot. the spot however, is used as if it is a parking spot on a regular basis by other drivers. there was only damage to my car. it happened in michigan. who is at fault?
"You parked in is marked as no parking because it's a dangerous area to..."
MI is a little "screwed up":
"Michigan's "No Fault" statute was designed to limit litigation, by shifting the risk of certain losses from automobile accidents to the owner of the vehicle. For example, beyond Michigan's "mini-tort" law, you are responsible to insure your own vehicle and its contents against damage in an accident. If you choose not to insure your vehicle for collision damage, even if you are 100% innocent of blame in an accident, if the other driver is properly insured your ability to recover from the other driver for property damage is limited to a few hundred dollars under the mini-tort statute, MCL 600.3135(3)(e). (This is why the statute is called a "No Fault" statute – you are responsible for certain costs regardless of who is at fault.)"
In MI, the other party would certainly have a majority of the fault but if the area you parked in is marked as no parking because it's a dangerous area to be parked, you could share some liability. But as mentioned above, that is pretty much moot.
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Q. Who is at fault in this ontario parking lot accident? alright, so i was slowly driving along the lane through the parking lot, and a lady backed into the side of my car, damaging the right rear door and very edge of the quarter panel by the wheel well. she claims that i "indicated to her that i was going to yield" and said i swerved my car to get out of the way of her backing out.
i didn't see her at all, and certainly didn't move to get out of the way.
given the position of the damage on my car, and the situation, who is at fault?
thanks
"The party backing has the greater duty to look to the rear..."
the party backing has the greater duty to look to the rear.
Also points of impact would indicate you were already complete behind her and in what we call the "impact zone". No matter what the impact could not have been avoided.
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Q. Who is at fault in parking lot accident? i was driving along in the parking lot looking stright ahead when all the sudden i was backed into by a car backing out of parking space.my damage is from the the door back to quarter panel. she clearly hit me.im still waiting for insurance company to get back to me.the other drivers trying to claim that is a one-way.there are no signs or arrows on pavment saying its a one way.on the same strip there is an entrance and an exit on to road way.the parking lot is private.no police report.although i talked to local cop and he said its not a one way cause thers no markings .the parking spots are angled.there is enough room for for three cars lined side by side. whos at fault here?
she clearly hit me from the back of my door back. i wouldnt be able to see her anyway
i took pictures of parking lot and traffic flow.in a matter of five minutes i got 8 people driving the same way i was driving.theres arows everywhere else in parking lot except where i was
"A one way or not that person backed into the side of yuor car..."
the person who backed into you is at fault. regardless if it is a one way or not that person backed into the side of yuor car they should have been looking when they backed out. if it is to go to court make sure you have pics of lot parking lot and statements proving that it is not a one way.
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Q. I got in a parking lot accident in ontario, is it my fault if someone opened their door when i was pulling in? i was pulling in to my parking space and the person in the van next to me swung their door wide open without looking and hit my right side mirror so hard it bent it loose. their door was fine, but my mirror is loose. they claim it's my fault since i was pulling in and they were parked. i say its more their fault as they didn't even use common courtesy before swinging his door into my car. whose at fault, and what should i do?
its not your fault call your insurance and let them handle it
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Q. Who is at fault in private parking lot accident? i was parked facing foward in a parking spot. to the driver side there is a slight bend in which obscures vision of vehicles park or passing through. i look both ways and ther slowly pull out. i get about a about half way out, when a vehicle comes around the bend and hits me on my driver side in front of my left tire. the driver must have been speeding at least 25mph (based on collision repair personel). the company who did an repair esimate on my vehicle said, the my vehicle may be tottaled due to frame damages. i had no time at all to even think to back up. the police would not come due to it being private property. although an loss prevention associate for the retail store took a statement from the the driver, in which she stated she wasn't looking, and that she was looking at the building instead. she also said it was her first time in this parking lot. a felt i had the right away under these circumstances. she could have avoided hitting me if she had been looking. ins. blames me.
"Because the police will not deal with private property accidents..."
Because the police will not deal with private property accidents, there is no fault assigned by them. Your insurance company can review the facts, and decide accordingly, but ultimatly, it's considered a "no-fault" accident.
This answer closely relates to:
Q. Who is at fault in this massachusetts parking lot accident? i parked in a spot, turn off the car, opened the door 1/3 of the way & sat in the car talking to the passenger. about a minute went by, & a woman took a left hand turn from the road in the the spot next to mine, crossing into my lined spot and colliding with my open door, and drivers side rocker panel.
she immediately took responsibility for her actions. that is until she made the report to the insurance (of coarse. so much for giving her the benefit of the doubt). he adjustor says i am 50% at fault because a mass statute says any "doors are opened or opening resulting in a collision with another vehicle" is at fault. well i understand his point, thought the damage to the rocker panel (which does not open) proves she crossed into my lane and would have collided with my car whether the door was open or not (which falls in my favor under a different ma statute "collision with a lawfully or unlawfully parked vehicle"). i am about to argure my case to her adjustor, thoughts? comments?
"It's not necessarily her misinformation that has her insurance company screwing with you..."
It's not necessarily her misinformation that has her insurance company screwing with you. Go to the courthouse and get the form to file a small claims suit. You will have to go into Boston and get the name of the owner of the Insurance Company to name in the suit. Then skip the Adjustor, go right to the HOME OFFICE of her insurance company; calmly explain your situation. With paper work in hand, explain to the customer service rep that you speak to in person, that you plan to file suit in small claims court. They might cut you a check right there; like they did for me in a similar situation.
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