Auto Insurance Claims/car accident

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Expert: - 7/12/2011


Question
okay so today at school i backed up with my wheels turned in, checking rear first then the two sides, and as i was about 70% finish with my turn looking out on the side a white van, in the parking left to the one directly behind me, backed up and hit the corner of my car exactly right under my driver side taillight. I tried to ask the officer to file the police report but he kept saying that it would only be a 50/50 claim because he claimed we where both backing up. My car was the only one to receive damage and it bent my frames on my car driver side. Who has the right of way?

Answer
Hello,

Here is your situation as I see it. It surprises me that a cop even was their because a parking lot is not a roadway and is treated as private property where the cop has no jurisdiction on vehicular accidents.
There may have been an excption to this rule in your area, but cops normally do not get involved.

In your situation there is no traffic rules for right of way on private property. It simply is not a road way in which traffic rules can be enforced.
Just as an example. Say there is a posted 15 mph speed limit. Someone does 35 (hopefully not) there in no way to enforce it. Even if you call the cops, a speeding ticket can not be given because there is no authority for the cop to issue a ticket on private property.

Now, from your description,  I would have to agree with the cop at 50/50. It was a feak thing both of you backed up at the same time and maybe both enjoyed blind spots at the same time and that is why they are called accidents.

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Rob Painter, Ase, CFEI, CAFATE

Expertise

Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.

Experience

Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.

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