Expert: Richard Hixenbaugh - 7/9/2009

Question
Here my question.

While driving down a one way street with cars parked on both sides, a women pulling out of a parking spot on the right side, Hits my fender and side door. Who is liable in this case?

The police report states as follows:

At TPO drive of Veh #1 states that while traveling e/b on 81st street, veh #2 came out of a parked spot and hit him. Veh #2 states that while coming out of a parked spot she hit veh #1

As of now i'm going through my insurance since i can't seem to contact hers.I have a deductible to pay so i'm waiting for this investigation to come to an end in my favor . Can i be reassured here or do i have fault here although i had right of way. I also have a witness but wasn't written down on the police report.

Answer
Hi Christian,

The vehicle traveling on the roadway has the right of way. The vehicles parked on the side have a greater duty to yield to the right of way. As a result, the other vehicle is 100% at fault.

However, the other insurance company will likely try to place at least some of the blame on you. So expect to argue the position I explained above.

I hope this helps
Richard Hixenbaugh