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Auto Insurance Claims/Parking Lot Accident-Fault determination

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Expert: - 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
Parking lot cases are difficult because there are often no traffic controls, as in this case.  However, the long aisle would probably have the right of way.  In any case, both drivers are subject to a very high standard of being careful with no traffic controls.

It sounds to me like she contributed to the cause by driving toof ast for conditions.  however, you are probably also negligent.

The witness is very important.  Your insurer should take the witness' recorded statement.  Both insurers will determine liability independently.  if they cannot agree, they will go to arbitration to determine resolution.

The high amount of damagesand injuries indicates high speed, which is never safe in a parking lot.  Your insurer will investigate and handle the injury claim.  There is not much for you do to other than make sure your insurer does their job.

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Expertise

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Experience

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Organizations
CPCU Society. Adjusters license in multiple states. International Association of Specal Investigators

Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.

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