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  1. #1
    Join Date
    Nov 2014
    Posts
    2

    Default Parking Lot Accident With a Car Reversing Down a One-Way Lane

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

    Unit 1 = The Other Car
    Unit 2 = My Car

    Unit 1 was reversing down a one-way feeder lane to park into diagonal spot more than one car length's away when he struck Unit 2 in the rear right side.

    Unit 2 was reversing out of a parking spot after having confirmed that there were no oncoming traffic. Unit 2 was already midway into the lane when he saw Unit 1 reversing down the aisle, so he stopped the car and tried to alert Unit 1 by honking, but was struck first.

    Unit 1's insurance adjuster stated that we were both at fault in this situation because we were reversing at the same time. Is this true? Am I at fault as well? Any advice would be greatly appreciated. Thank you.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Parking Lot Accident With a Car Reversing Down a One-Way Lane

    Quote Quoting jetgel
    View Post

    Unit 1's insurance adjuster stated that we were both at fault in this situation because we were reversing at the same time. Is this true? Am I at fault as well? Any advice would be greatly appreciated. Thank you.
    First thing you have to understand is that the other driver's insurance company is not your insurance company and owes you nothing until a court of law says so.

    Obviously, the other driver's insurance company can say anything it wants in defense of its insured.

    But I disagree that you are at fault.

    Generally, when somebody backs up and hits or gets hit, that person is at fault.

    Had the parking spaces been at right angles with two way traffic then, yes, you both would have shared fault.

    But the way you describe things, backing out on the diagonal where the lane is one way, you can't reasonably expect another car to be coming from the wrong direction while you are looking behind you and to the right.

    At this point you have two options:

    1 - Sue the other driver in small claims court.

    Or

    2 - Make the claim on your own collision coverage and let your own insurance company go after the other driver for reimbursement. Keep in mind that your own insurance company also has the right to an opinion that you share fault.

  3. #3
    Join Date
    Nov 2014
    Posts
    2

    Default Re: Parking Lot Accident With a Car Reversing Down a One-Way Lane

    Thanks for the quick reply!

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