Expert: Anne - 7/23/2008

Question
Who is at fault in Massacusetts when one driver in reversing out of a parking space and the other is driving in the parking lot and they collide?

Answer
The answer is: It depends on the facts. A fault and negligence analysis must be followed. All facts are important on determining fault and no state has one set rule on how to deal with one specific accident. To learn more about how fault and parking lot accidents are determine, please visit:
http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

Most parking lot accidents have “split” negligence, meaning that both parties are some percentage at fault. The link above should explain how those percentages are evaluated. Massachusetts follows the Modified Comparative Fault Rule of 51 percent Bar (M.G.L.A. 213 § 85). This means that if one person is 51% or more at fault, the will be barred from recovering any of their damages (they get $0 even thought they 49% not at fault).

In these situations, adjusters will try to put you at least at 51% at fault so they do not have to pay you anything. There is also the possibility that you are 0% at fault, but without facts, it is very hard to say.

Good Luck,

Anne,
http://www.auto-insurance-claim-advice.com