Expert: Anne - 4/4/2009

Question
today i was involved in a parking lot accident. i was fully stoped from backing out and about to shift to drive when i was suddenly stuck from the back left panel. the driver claims that she didn't see me at all. she was pulling into the parking lot about 300ft away from the accident so for her not to be see me makes no sense. i entered a claim today, but she did so before me and told my insurance co. that i was backing up the whole time which i wasn't. to me she made it seem like it was my fault when she clearly was careless by speeding through the parking lot. we took pictures to show the dmg and to also show that my car was clearly on my side of the aisle (dual lane aisle). since she said that i was backing up while she hit me cause me to lose the claim?

Answer
Hello Francis,

Well maybe. The party backing up has a greater duty than the party going straight. You have the duty to look before even moving out of a parking stall.

An investigation must be done to determine speed, look out, and other factors that could contribute to the fault, however you might have to overcome a higher burden.

For more information about car accidents and how fault is determined, please visit:

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

Good Luck,
Anne
http://www.quirogalawoffice.com/