Expert: Richard L Carranza - 2/18/2009

Question
QUESTION: My co-worker and I collided in our work parking lot while we were both backing up.  Is this a "no fault" situation?

ANSWER: Depends..

Parking lot accidents are always tough to sort out liability-wise.

Provide the loss mechanics .. who was where and doing what as they backed?

What were the points of impact on your vehicle and the other vehicle?

Were both vehicles backing at time of impact or had one stopped (preparatory to moving forward)?

Get back to me and we'll sort this out........



---------- FOLLOW-UP ----------

QUESTION: We were directly across from one another. We were both backing northward, and both of us were moving backwards when the collision occurred. My rear right corner was hit.  Her rear left corner was hit.

Answer
This is a 50/50 situation as to fault.

What state are you?

Reason I ask is that most states are Modified Comparative Law states which means that the other party recovers from you (even if he's partially at fault) but only if he's not 50.1% or more at fault and he only gets your piece (e.g. if you are 55% at fault he gets 55% of his damages).

In this situation you would technicaly each owe each other 50% of their respective damages.

My suggestion is to keep the insurance companies out of it and to agree that the claim is a "wash" and each side will take care of their own damages rather than you paying the other party say $250.00 and to have the other party pay you a similar amount (assuming you have equal damages).... that makes no sense and only results in you each getting surcharged by your respective carriers...

Hope and trust that the above helps..

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