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  1. #1
    Join Date
    Aug 2012
    Posts
    1

    Exclamation Hit While Parked and Loading in a Private Parking Garage

    My question involves a traffic accident in the State of: California

    I and two other people were loading a rented cargo van parked at the extreme left of the center aisle in a private parking garage (their condo parking structure) when it was struck by another resident who was backing out of his space on the right side of the aisle. I inspected and photographed the minor damage to the rented vehicle (his vehicle was undamaged).

    We exchanged information, and did not call for the police. The other resident said he would pay for damages once I heard back from the rental company.

    I received the damage invoice from the rental company a week later -- approximately $600 -- and contacted the individual, who said he was not willing to pay the full amount as, in his words, I was illegally parked and so some portion of the blame should assign to me.

    This is a private parking structure in a private, gated (and guarded) community. The van was attended by three people at the time, with doors open, and we were not approached by the other individual at any time before the accident.

    In the interest of civil relations between this individual and my parents, I am willing to pursue a private settlement; however, knowing how the law applies in this instance would assist me in determining what negotiating posture to assume -- or whether simply to request his insurance company's information and contact them instead.

  2. #2
    Join Date
    Aug 2012
    Posts
    4

    Default Re: Hit While Parked and Loading in a Private Parking Garage

    Right off the bat, as a general rule, ALWAYS call the police after a car accident. They'll file an accident report that is actually required by many insurance companies and will be valuable for most others.

    Is there any evidence regarding whether or not you were illegally parked? That will be relevant in many jurisdictions. If you weren't illegally parked, you should try to get the full amount of the damages.

    Even if you were illegally parked, the mere fact that you were parked illegally will only have bearing on the outcome of your situation if it contributed to the accident. In other words, would the accident have occurred had you not been illegally parked?

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Hit While Parked and Loading in a Private Parking Garage

    Sounds like you will be paying part of the bill, unless you plan on taking the issue to court or turning a claim in to your insurance.

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