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  1. #1
    Join Date
    Aug 2011
    Posts
    2

    Default Parking Lot No Fault Accident - Backing Out of Space

    My question involves a traffic ticket from the state of: California

    I was backing out of a parking lot (that I frequent often) yesterday when I was struck by another vehicle that was backing out. I had checked all of my mirrors as well as looked over each shoulder before slowly backing out. After I was hit, I got out to survey the damage and saw that most of my damage was to the back left-side (driver's) of my vehicle. The other car damage was mostly to the back (driver's corner as well) but mine is more on the left side which leads me to believe that I was turned out of my space when she hit me. We are both claiming that it is the other person's fault, however, the girl was driving her boyfriend's vehicle and she said she didn't know how to get it back in drive to get out of the way and she also couldn't find the horn so I really don't think she knew what she was doing. When her boyfriend showed up, he said that it was my fault because the broken tailights for the vehicles were closer to my space than hers but she could have backed out a lot faster than I did so I don't think that would prove anything. We have pictures... Also, I was driving a small 2 door Honda civic and she was driving a large 4 door Range Rover. There should have been plenty of room for me to back out into my space. Who is mostly to be found at fault by the insurance co? Or will it most likely be ruled that both are to blame?
    Thanks for the help!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    71,832

    Default Re: Parking Lot No Fault Accident - Backing Out of Space

    Usually the person backing out is going to be found at fault. What do you mean by "she didn't know how to get it back in drive" - if she was moving forward the car was in drive, and if she was not you hit a car that was stationary (which would not be a good thing for your denial of liability).

  3. #3
    Join Date
    Aug 2011
    Posts
    2

    Default Re: Parking Lot No Fault Accident - Backing Out of Space

    We were both backing out of parking spaces. Her space was directly behind mine ( the spaces were not angled). By "she didn't know how to get it back into drive" I mean that she said she didn't know how to switch the gear from reverse to drive to pull forward. She was not moving forward, we were both in reverse at the same time.

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