Parking Lot Accident - Thoroughfare vs Feeder Lane
My question involves a traffic accident in the State of: California
My daughter was driving slowing in a parking lot on what I will call a secondary thorough fare (no outlet to the street and no parking spaces along the road). This is a road parallel to the road in front of the discount store that divides the parking lot in two. The back half of the lot is not used except for special events. The thorough fare is also marked with red curbs. There had been several cars in other feeder lanes and several cars behind her. She was paying attention! She saw someone on her left coming from a feeder lane that appeared to stop. She was on that person's right. But when she passed the lane the person t-boned her. Lots of damage on our car and my daughter needed stitches because of flying glass. BTW, my daughter is 22 and an excellent driver. The women originally blamed her; however a witness came forward from a car behind my daughter and told the women in the other car that she was driving way too fast for a parking lot. Of course the police refused to come because it was "private property". In looking at my daughters notes from our insurance company they told her that we will have to pay a deductible. Of course they are closed right now, but why would we need to pay when we have a witness? She was on the right on a thorough fare would she not have the right of way? This is a major national insurance company, A+ rating. California is a fault state... should be not be given a chance to show she is not at fault before they decide. They asked her very little on the phone.
Re: Parking Lot Accident - Thorough Fare vs Feeder Lane
Odd that the police did not respond since there was an injury involved. I am guessing that no one told the police there was an injury because if they had, they would have been mandated to respond ... though it might have been a while.
All she can do is take it up with the insurance company. They will decide who is at fault using their own criteria and will assign responsibility accordingly. Even when she is not at fault, she might still have to pay your deductible. If the insurance company can recover the deductible, she might be able to get it back. My wife has been tagged while stopped twice, and each time we had to pay our deductible but eventually got it back from the insurer when they were compensated. The same thing might happen here.
Re: Samll Injury Claim - Parking Lot Accident
what is the basis of the claim you are asking about? It appears the car was paid for and the medical claims short of the $100 co-pay. What else are you looking for?