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Parking Lot Accident-fault Determination

Been involved in a traffic accident? Discuss traffic laws here

Parking Lot Accident-fault Determination

Postby Tempeltun » Wed Nov 16, 2016 9:09 am

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?
Tempeltun
 
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Joined: Fri Jan 03, 2014 8:54 pm

Parking Lot Accident-fault Determination

Postby Francesco » Wed Nov 16, 2016 10:26 pm

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?
Francesco
 
Posts: 40
Joined: Tue Feb 04, 2014 3:28 am

Parking Lot Accident-fault Determination

Postby Johnson » Thu Nov 17, 2016 1:40 pm

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.
Johnson
 
Posts: 49
Joined: Sat Mar 01, 2014 5:48 am


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