Expert: Richard Hixenbaugh - 2/26/2009

Question
I was in volved in an accident recently when I was driving inside of a retail parking lot. The other driver entered the parking lot through a side entrance making a left turn into the lot. I was already driving straight through the intersection where the other person was entering. No stop signs for either but I had established position and was already mostly through the intersection as he hit my rear door and quarter panel, upon entering the lot. He alpologized multiple times and now his insurance company says its 50/50 and they are going to close the case. Isnt he at fault since he needs to carefully enter the lot yeilding to someone who has the majority of postion through the intersecion? Any help would be greatly appretciated, thank you.

Answer
Hi Shane,

Parking lot accidents are some of the most difficult to determine liability. Since it is not a normal road, there are no traffic controls other than the good sense of the drivers. Most parking lot accidents are determined to be 50/50 liability because in most cases there is simply no way to determine who is right.

About the only this you can do is to file a law suit against the other driver and if you can convince a judge that you are more right than the other guy you may win.

I hope this helps
Richard Hixenbaugh