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  1. #1
    Join Date
    Jun 2007
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    11

    Default Private Parking Lot Accident in Arizona

    Hello All,

    I was in a private parking lot accident in AZ.
    The police declined to come out.

    I was travelling east to west on the main through way. I crossed through an intersection that shifts the west road from the east road a full car lane width. So on the east lane I was on the right of the road, but when I crossed over the intersection I ended up being in the other lane moving into the right. The other motorist was pulling out of an alley. She was turning right onto the main through way I was on. We made contact on the left of the road. She was still in her turn (Which appeared to be a wide turn). I left skid marks up to the impact point, but then also 16 inches back the other way from her car pushing mine. She left no skid markes. She verbally told me sorry for not hitting the brakes and hitting the gas instead. Also she wrongly assumed I had a stop sign.

    I would think she failed to yield the right away, and also avoid the accident.

    Her insurance company is saying it is 50/50 fault.

    Do I have a chance in small claims court?


    Bill

  2. #2
    Join Date
    Jul 2006
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    5,438

    Default Re: Private Parking Lot Accident in Arizona

    Your chances in small claims court are about 50-50, more or less.

  3. #3
    Join Date
    Jun 2007
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    11

    Default Re: Private Parking Lot Accident in Arizona

    Quote Quoting seniorjudge
    View Post
    Your chances in small claims court are about 50-50, more or less.
    Since the lane shifts one full car width immediately upon exiting the intersection, I was in the process of moving to the right as I cleared the intersection.

    She entered the roadway before I could completely clear the intersection and move to the right along with the lane shift. The impact of the accident occurred with my vehicle out of the intersection (one or two feet).

    Doesn't that fact alone lift my liability due to the design of the roadway?

    Also she had mentioned that she thought I had a stop sign. So doesn't her misunderstanding of the area point to the fact she should have been more careful.

    I still feel that it shouldn't be 50/50 because I had the right away, and I tried to avoid the accident by braking.

  4. #4
    Join Date
    Jun 2007
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    11

    Default Re: Private Parking Lot Accident in Arizona

    No one else wants to reply????

  5. #5
    Join Date
    Sep 2005
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    72,975

    Default Re: Private Parking Lot Accident in Arizona

    It would be a guess. If you wish, sue and see what the judge decides.

  6. #6
    Join Date
    Jun 2007
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    11

    Default Re: Private Parking Lot Accident in Arizona

    Can I accept the settlement and still sue for the other half?

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default Re: Private Parking Lot Accident in Arizona

    If you settle, the insurance comany will almost certainly have you sign a release of any further claims.

  8. #8
    Join Date
    Jun 2007
    Posts
    11

    Default Re: Private Parking Lot Accident in Arizona

    Is that why they are calling me every day asking me what I want to do... even though they told me I have two years to decide. Can I just tell them I am still thinking, but then also sell my car?

    Does that void the settlement if I sell my car
    Does that force me to accept the settlement?

  9. #9
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default Re: Private Parking Lot Accident in Arizona

    You will be bound by the terms of your settlement contract, whatever that happens to entail.

  10. #10
    Join Date
    Jun 2007
    Posts
    11

    Default Re: Private Parking Lot Accident in Arizona

    Aaron,

    I'm only bound if I sign something or agree to it... if I say that I am still thinking then I would have two years to still think... right?

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