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Insurance Law/parking lot side swipe


My mother was dropping me and my children off at our apartment today and one of my neighbors side swipped her after we pulled into the driveway.  He has no insurance, and the officer told my mother it was her fault cause she was still moving when he hit her. The parking lot is set up in two lanes, the parking lane and the driveway.  She pulled in and stopped and then he backed into her as he was backing out.  I'm trying to figure out why she would be at fault??

Parking lot accidents are always very difficult to assess fault, and some states may have rules regarding them being considered 50/50.  If she was still moving, maybe she was more at fault.  Very hard to prove though, unless you find someone sitting on the porch who actually saw it.  Him not having insurance is a problem though, seems to me Florida was a mandatory insurance state?  

I think you might be out of luck on this one.  Sorry!


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I am a licensed Property/Casualty agent in the state of Wisconsin, a Certified Insurance Counselor and a Certified Insurance Service Representive, with a 15+ year background in personal insurance underwriting. I am currently working in the Homeowners and Auto field, and was licensed in Life and Health insurance years ago. I can provide input if you will give me a "one paragraph what`s the story", however depending on the situation, do note that as policy forms and endorsements vary by the state, the information may be general and educational in nature.


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