Expert: Anne - 7/26/2008

Question
I was in a collision the other day with a vehicle at a gas station. My intention was to pull in at the parking spaces by the main building, however to do this i needed to drive through the pumps as it was the only route. As i headed straight towards the spaces another car pulled out of another pump and collided with me on the near side. I feel that as she turned into me the majority of the blame lies with her, but i cant be sure. The damage to her car was minimal, some scratching to the bumper, while my car has been severely dented just above the left front wheel. My vision of her pulling out was obstructed by the pump and i cant help but feel she should have waited and seen if the coast was clear to proceed. Where does the blame lie?

Answer
Hello Nick,

It is very hard to say on the facts above. The point of impact will be critical. Was it to the front of your car or the far rear? Had you already pass her when she pulled out?

These questions are critical. It also depends if you were in a "drive through lane or between pumps." If you were on the line through lane then you probably had the right of way. If you were driving through pumps, then she probably had the right of way.

In any even, you are correct. In a gas station everyone has enhanced duties of look out. She pulled out and obviously did not look. The question is going to be if you have a 50% split or more on your part.

Again, the point of impact is very critical. The more it is to the rear of your vehicle, the less you could have done and the more time she had to see you.

Visit:
http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

For more information about fault and how insurance company address the issue of blame.

Good Luck
Anne
http://www.SpokaneLegalHelp.com