Expert: Richard Hixenbaugh - 4/1/2009

Question
I was driving my dad's pick up truck in my school parking lot ready to go home when this mitsubishi car hits the front tire on the drivers side of my truck. Now the truck is not insured under my name but it is insured under my dads name. The mitsubishi got dented on the left side of the front bumper and the right side of its hood popped up because of the impact. My truck's tire got destroyed and part of the fender was slightly dented. The school officer made us exchange information and he told me that I was at fault because I was in the traffic lane and I'm suppose to yield for the other vehicles coming out the lane where her car was. He told me that if she had hit me further on the back side of my truck it would have been her fault not mine. I know that the school officer has a personal relationship with the person who hit my car and he really did not convince me that it was my fault. I would understand that I was at fault if I had hit her car but that wasn't the case, she hit my truck head on. The driver also showed all signs indicating that it was her fault as she did not try to talk with me and did not get out her car until the officer arrived. When she finally got off to investigate the damage, one of her passengers even asked  " Didn't you see him? ". If it really was my fault I would not mind paying for the damages but I'm not convinced yet. Would you please give me your opinion?

Answer
Hi Eduardo,

Without have a more detailed understanding of the parking lot it is not possible for me to determine liability.

You should contact her insurance company and make a claim for the damage to your vehicle. The claims adjuster will take a recorded statement from you and the other driver to determine liability. You should also draw a detailed diagram of the area of the parking lot showing where all vehicles were situated and how the accident happened. You should send that diagram to the adjuster. It may also be helpful to take some digital pictures of the parking lot to send to the adjuster. You should also report the incident to your dads insurance company. Provide the same info to them as well. The insurance adjusters will then make a liability decision.

I hope this helps
Richard Hixenbaugh