Auto Insurance Claims/Parking lot

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Expert: - 12/31/2011


Question
collision site
collision site  
Hello I was involved in an accident within retail parking lot.  

Google map image - http://maps.google.com/maps/ms?msid=215284564805261359913.0004b5696592bd3fa5c52&  

I was traveling in the west/east aisle heading west.  Other car was in the north/south aisle heading to exit parking lot north.  I was hit by the other car on the back part of my driver side.  Damages start toward end of my driver side door to the back driver quarter panel and back wheel (image attached). Other car damaged in the front bumper and hood.  Other car leaking fluid. What could determine "right of way" in this situation?  It is a private parking lot.

Answer
Parking lots are difficult when traffic controls (like a stop sign) are not obvious.  In general, the larger road/aisle is considered to have the right of way and side roads/aisles are expected to yield.  

Unfortunately, the other driver was on the larger and more delineated roadway, so it could be said he/she had more of the right of way.  However, since neither driver  had a stop sign, the argument could be made that both drivers should have exercised care.  Also, you were farther into the intersection as made clear by the damages (your side, his front) so he had a better chance to avoid you.  

In your state, you are barred from recovery if your negligence is 51% or more.  If less, you get a percentage of your damages from the other party.  Determining fault is not an exact science and different people could see this differently.  Best bet is to let your insurer fight it out with the other insurer.

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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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