Expert: Richard Hixenbaugh - 3/15/2009

Question
Thank you for considering my question.  Incident in the parking lot where both vehicles are pulling out of space into the main drive area, wide enough for two cars driving in opposite direction.  My car is a large SUV, his car is a small Honda Civic.  I hit his vehicle behind the drivers side (left) scraping fender between the wheel(tire) and the light.  My damage for me was located on drivers side was dented directly into the corner (left) vehicle.  Out of the blue a witness appears stating to the other driver that I was at fault he seen it all and This person will need his number.  I tried to get information but either individual would not provide data.  I started taking pictures on my cell phone because I could sense all wasn't just right with this incident.  Contact both State Farm, to report incident.  State Farm sends letter I am clear (liability wise) as far as it being contributory, 50% his 50 % mine.  Mother  calls State Farm and ask for reinvestigation due to the witness.  State Farm opens case again call witness to requestion him, receiving my cell phone pictures rules that person to be free from liability. Says he was present before my vehicle was. I am arguing that both vehicles were moving together at the same time.   This person was parked illegally, in  a spaced marked with yellow caution, next to a handicap, has no Auto Insurance, mandated by the State of Colorado, Has a witness who can't get his facts right and they charge me the bill!!!!!!!!!   This doesn't matter if I hew was present first,Insurance claiming hew was present before I was.  How can I get a third opinion to have a different look at the evidence to predetermine both vehicles were moving together.  (he no more saw me than I did him, making it contributory).?

Answer
Hi Gayle,

Unfortunately, parking lot accidents are some of the most difficult to determine liability. In most cases liability will be determined to be 50/50. You can not continue to ask for reinvestigations until someone sees things your way. The only chance you would have at this point would be to file suit against the other driver. If you are able to prove that you were not at fault then you could have liability found in your favor. But remember the other driver will likely bring the witness to testify in their favor. All you have is your word of what happened.

I hope this helps
Richard Hixenbaugh