Expert: Doctor Settlement - 5/4/2006

Question
In early March I was involved in an incident in my work parking lot.  I was backing out of my parking space, and the lady across from me decided to back out after I started backing out, and we hit back bumpers.  We got out of our cars and exchanged names and phone numbers.  After inspecting the vehicles there was no damage to either vehicle, we did not call the police, the insurance companies were not involved, and I figured it was a “no harm, no foul” situation.

Now, two months later in early May, I received a phone message from the lady indicating that she had gotten a repair estimate for her vehicle and would like to discuss the damages with me.  I am leery of discussing anything with this lady two months after the fact, but I am also concerned of involving my own insurance company in this, since they will probably try to increase my insurance rates.  Should I discuss anything with this lady?  Should I let my insurance company handle this?  Please advise.  

Answer

Hi Jim,

You and I share that old parking lot syndrome: someone is moving AFTER we start to back out.  That is frustrating because THEY are the ones who should be able to see that we are moving.  Same thing happened to me last year.

Here are the rules: The person who is backing out has the burden of yeilding the right of way to other vehicles moving in the parking lot.

Thus, when you started to back out, you found no one moving in the lot and there was no one to whom you had to yeild.  

BUT, when the lady started to back out, she owed a duty of care to YOU, SINCE YOU WERE ALREADY UNDERWAY.  She breached her duty of care and thus she is 100% liable for the accident.

I would write her a letter.  Get the address from the phone book or go to www.anywho.com and do a reverse search on her phone number.  

Tell her what I told you above and also that if she persists you will be looking to her insurance company to fix your car.  

I would NOT notify your insurance unless and until you get a letter from an attorney or a small claims summons, in which case notify them ASAP.

I trust that this information has been of value to you and I thus respectfully request that you find the feedback form on this website and leave me some feedback.

Best Wishes,

Dr. Settlement, J.D.
www.SettlementCentral.Com