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Parking Lot Accident - Thoroughfare vs Feeder Lane

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  • 03-24-2012, 11:34 PM
    ConcernedM
    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.
  • 03-25-2012, 12:13 AM
    cdwjava
    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.
  • 04-22-2013, 07:59 PM
    ConcernedM
    Parking Lot Accident
    My question involves an injury that occurred in the state of: California

    My daughter was hit in a parking lot (see thread http://www.expertlaw.com/forums/showthread.php?t=138556). It was determined that she was not at fault. The damage to the car was over $10,000. She has several doctor bills. These bills were all paid by our normal health insurance company and our co-pays were about $100. The health insurance company has contacted the at fault car insurance company and I don't know the status of their re-imbursement claims.

    The at fault car insurance company has paid for the damage to the car. I am not sure how to handle the injury issues. This has also affected her driving (she was a super driver before and now is almost too cautious.) We don't have a large claim, so is there something traditional that one asks for claims like this?
  • 04-22-2013, 08:07 PM
    jk
    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?
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