I got into accident

[royaiii]

I got in an accident in a parking lot. I ignored the arrow and I got out of the car to unload a package. I then suddenly saw a car began to reverse out of his slot and I then proceeded to honk the horn. The guy ended up hitting my front wheel fender. Causing 375 of damage. Who is at fault?

[suginami]

The guy who hit you is at fault.

Even if you are illegaly parked, nobody has the right to hit another car.

A case similar to this was on The Peoples Court about a year ago. An older man was backing out of his garage into the alley, and a guy was parked in a no parking zone right behind his garage. The old man, not expecting a car to be there, hit the car. The judge said the old man was at fault. It doesn't matter if the car was parked illegaly, you still don't have the right to hit another car for any reason whatsoever.

[royaiii]

His insurance says its my fault because I was stopped on the wrong way of a parking lot. There is not even a fine for driving on the wrong side. Time to call the lawyer

[suginami]

There is not even a fine for driving on the wrong side. Time to call the lawyer

Exactly.

[Jim Anderson]

There's something about always having control of your car, but that assumes you are moving, parked doesn't count. Maybe if you parked in the fast lane of the freeway you might be at fault.

You should apologise for parking in the wrong spot, he pays for damage.

[Ken300D]

Even if you are stopped in the middle of the highway, people are not supposed to hit you. If they do, they have lost control of their vehicle and are at fault.

Disclaimer: I'm not a lawyer and don't want to be one.

Ken300D

[benz320]

Don't even engage a lawyer yet. Get an estimate (written) on your repair costs, and send it (certified) to the guy who hit you. Write that he send you the check, or work it out with his insurance, within 3 weeks, otherwise you will sue him. Be polite but bloody firm. Credible threats go a long way - if your damage is under 3K or so, you can always ACTUALLY go to small claims court yourself, without the aid (and horrible expenses) of a lawyer.

Its not your fault. Its his.

[benz320]

There was a case in florida where a thief (yes!) got electrocuted by an electric fence the owner had put up, but there was no warning sign. He was OK - just injuries. The thief (!) sued the home owner, and won the case. You cannot endager the safety of others, even if they are doing something wrong!!!

SO be firm.

[BENZ-LGB]

...ccompanies fight it out among themselves. File a claim with your insurance carrier. Your carrier will then contact his carrier and they will fight it out...I am assuming that your deductible is less than the amount of the damage.

Hey Ken, what's your problem with lawyers? (I see a long thread coming out of this question...)

[benz320]

I don't agree with the view that we should let the insurance company fight it out. DON'T file a claim with your company - its NOT your fault. None of the insurance companies is on the customers' side - they will do what is best for THEM, not for YOU. Why should you have your premiums jacked up for someone else's fault? What if your company just agrees to pay and then jacks up your premium 30% - then basically, YOU are paying for it, not the your insurance company (as is the case, ultimately, whenever you file any claim with insurance - in the long run, you pay).

[Jim Anderson]

Shouldn't he file a claim with HIS insurance company?

[Ed Richardson]

One of the problems in trying to respond to some inquiries is location. Different countries and different states have their own legal intepetations and values. Do you live in California, Canadaor China? Ed

[benz320]

In most states in the US (maybe true for ALL states) - the claim goes thru the guilty party's insurance. The other party's insurance has no role to play in it. If you have to go through YOUR insurance regardless of whose mistake it was, then what is the point in determining who was at fault?

I have had some brushes with insurance companies, covering many different scenarios - I have been on both sides of the claim - am pretty sure I know the rules now!!

The important point is - don't make mistakes, don't hit anyone.

[royaiii]

Yeah, I live in California. I checked the rules w/ my lawyer and he is going to give the advisor a call. I read the rules and the arrows on the ground are designed for guidance-it's not the same as a one way street.

[benz320]

even if you were on the wrong side of a one-way street - what you would have deserved is a ticket, not a hit on your car!! there's absolutely NOTHING that the other party can say to justify what they did to your car.