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  1. #1
    Join Date
    Oct 2006
    Posts
    2

    Unhappy Texas parking lot accident

    My boyfriend was recently in a car accident with my car. He was in a parking lot, backing out when a woman sped around a corner. The rear right bumper of my car dinged her passenger side door. Someone told me that in a parking lot the person pulling out has right of way so he would not be responisible. My car is not damaged but hers has a small dent that she wants 600$ for. She said she doesn't want to get the insurence companies involved becuase shes "been hit 3 times this month". Sounds like a bad driver to me. Does anyone have information on this law?

  2. #2
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Texas parking lot accident

    Parking lot accidents are always a lose/lose situation because the circumstances are usually somewhat unclear but it seems likely that it's better to be the "hitt-eee" rather than the "hitt-er" . If you don't have her insurance information, I think you should get it. After that, I would suggest you talk with your insurance company and see what they recommend. If she refuses to give you her insurance information, I would postpone doing anything.

    By the way, bad drivers are often involved in accidents that are not technically their fault. That's easy to understand if you think about it. Good drivers are much more likely to anticipate and avoid accidents. Insurance companies are painfully aware of that.

  3. #3
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,576

    Default Re: Texas parking lot accident

    To go along with what Chucky said, you might be interested in this:
    Quote Quoting Title 7, Chapter 545.415
    BACKING A VEHICLE. (a) An operator may not back the vehicle unless the movement can be made safely and without interference with other traffic.
    That would imply that, by law, your boyfriend is most likely at fault. But insurance companies may see it differently from what the law provides. Also, insurance companies don't usually care how many times you get hit (unless they're all uninsured motorists). They are, however, VERY concerned with how many people YOU hit.

  4. #4
    Join Date
    Oct 2006
    Posts
    2

    Default Re: Texas parking lot accident

    Do you think if we get the insurance companies involved we will end up having to pay more than just the $600 for repair she wants? He is not on the insurance policy and I only have liabilty so will my rates go up or will there be a large fee ?

  5. #5
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,576

    Default Re: Texas parking lot accident

    Quote Quoting txdriver
    View Post
    Do you think if we get the insurance companies involved we will end up having to pay more than just the $600 for repair she wants? He is not on the insurance policy and I only have liabilty so will my rates go up or will there be a large fee ?
    It depends on whether your policy covers others who drive your car. If it does, then it will depend on how they assess fault, your age, how long you've been with the company, how many previous claims, etc. You could actually get dropped, in which case your rates will rise dramatically when you try to purchase new insurance.

    However, you've got an ace-in-the-hole. The party you hit clearly thinks she may be at fault (at least partially) -- and she may be -- or she would have turned the whole thing over to her insurance company. I think you can use this as a bargaining chip. Offer her a lower amount, say $300 cash, or even less if you think there's a good chance she's not going to have the car fixed anyway. If she says, "no", you can always threaten to just turn everything over to the insurance companies (something she probably doesn't want to do -- or she may not even have insurance).

    Anyway, it might be worth the effort -- she ends up with some cash, your insurance rates won't go up, and everyone gets on with their lives.

    Good luck, and let me know how it turns out.

    Barry

  6. #6
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Texas parking lot accident

    I'm totally in agreement with Barry...(I wish I knew him). I'm off to Argentina for a little 'springtime fun'....but I'll be back.

    Good luck on your case. Just be patient and I'm suspecting it will work out fine without the need for further assistance.

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