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Auto Insurance Claims/Texas Parking Lot Law

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Expert: - 12/7/2010


Question
Please identify the at fault party in the following scenario.

Texas parking lot (private property)at night and not adequately lit. Oversized pickup truck (Vehicle 1) is parked roughly five (5) feet from the front of the parking space, therefore, the tail is several feet into the drive lane.  Vehicle 2 backs out of space and bumper strikes the driver side rear quarter panel of vehicle one.

Answer
Hi Preston,

Any time you hit a stationary object you are at fault. It does not matter that the truck was sticking out. The vehicle that is moving has the greates duty to be sure thay have a clear path to proceed. If vehicle 2 was unable to proceed they should have called the police to have the truck towed if it was obstructing the flow of traffic in the parking lot.

In this case the driver of vehicle 2 is 100% at fault for the damage.

I hope this helps
Richard Hixenbaugh

Auto Insurance Claims

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Richard Hixenbaugh

Expertise

Auto insurance claims procedure, auto coverage, liability issues, auto damage questions, how to deal with the insurance company, loss of use and diminished value.

Experience

I have been involved in the insurance industry for over 25 years. I have experience in underwriting, sales, claims adjusting, auto damage estimating, auto value appraising and diminished value appraising. I have testified as an expert witness over 35 times.

Organizations
Society of Certified Auto Appraisers

Education/Credentials
Completed all required courses for the Florida Property-Casualty agents license and the Florida claims adjusters license. I have attended various courses on auto damage estmating, vehicle appraising and am ASE certified in collision damage analysis.

Past/Present Clients
My company has done work for consumers nationwide.

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