Expert: Richard Hixenbaugh - 2/13/2010

Question
Hello I was involved in an accident within a city municipal parking lot.  Both vehicles were searching for a parking space.  The lot is a box type configuration with 3 long drives and short drives in between to access each area.  Two rows parked cars, aisle, then two rows parked cars.  I was traveling N-S on short aisle, other car E-W on long aisle.  I was hit by the other car
(SUV)on the passenger side (Van) on the front half.  My car had wheel, bumper, headlight and quarter panel damage and was leaking fluids and isn't driveable. She had bumper damage and it is driveable.  What determines "right of way" in a parking lot?  I also have a witness who identified her as traveling at a high speed in a parking lot and had witnessed this the previous day also.  The police officer who was at the scene said she had the right of way, did not site me or her and would not take a statement from the witness.  After saying she wasn't
injured at the scene, she is now claiming injury.  What recourse do I have?

Answer
Hi Loretta,

Parking lot accidents are very difficult to determine liability. Based of your description, I would also have to say that the other car had the right of way, however, in most cases like this liability will be determined to be 50/50 especially since you have a witness that will state that the other car was going too fast. You should put the claim for your car through your insurance company and let the two insurance companies fight out who is liable and at what percentage.

I hope this helps
Richard Hixenbaugh