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  1. #1
    Join Date
    Dec 2011
    Posts
    4

    Default Hit by a Car That Was Parallel Parking

    My question involves a traffic ticket from the state of: Massachusetts

    I was traveling on the right lane of one-way two-lane street when I noticed a car stopped ahead of me. I pulled up behind the car and stopped. Then they put their blinkers on and started parallel parking, neglecting the fact that I was behind them. There was traffic in the left lane, and there were other cars behind me, so I had no place to go and avoid the car that was backing up into mine. I honked so they would stop, but they continued moving in reverse to parallel park (this is all while my vehicle is completely stopped). The driver side of their rear bumper collided into the passenger side of my front bumper. After the accident, the other driver is claiming that I was trying to pass them (on the left) at the time of the collision, which is false. They have admitted to moving in the reverse direction at the time of the collision.

    Given that my vehicle was stopped, and their vehicle was moving in the reverse direction to parallel park, aren't they 100% at fault?

    Talking to my insurance, the adjuster mentioned that in some cases the car that is parallel parking has the right of way. At the same time, I have been told by others that moving in reverse on a one way road (even when parallel parking) puts one at fault. Any comments on what the law says? I haven't been able to find any information about the rules governing right of way while parallel parking in Massachusetts.


    Thanks

  2. #2
    Join Date
    Mar 2013
    Posts
    16,792

    Default Re: Car, While Parallel Parking, Backed Up into My Car - Massachusetts (Norfolk)

    Talking to my insurance, the adjuster mentioned that in some cases the car that is parallel parking has the right of way.
    The adjuster better be able to put some case law where his mouth is. I spent 35 years in the insurance industry, many in claims, and never heard that before.

    That you were stopped and the other driver backed into you makes the other driver at fault.

    Make your claim against the other driver's insurance and see how that goes.

  3. #3
    Join Date
    Dec 2011
    Posts
    4

    Default Re: Car, While Parallel Parking, Backed Up into My Car - Massachusetts (Norfolk)

    Thanks for your comment. I have made a claim against other driver's insurance. I am waiting to receive the result of their investigation.

    With regards to whether or not my vehicle was moving at the time of the collision, it looks like it will be my word against hers. She has admitted to moving in reverse at the time of the collision though. My questions is, would the law put her 100% (or more than 51%) at fault purely based on "moving in reverse" on a one-way at the time of accident? Is there a clear statute regarding right of way for parallel parking?


    Thanks

  4. #4
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Car, While Parallel Parking, Backed Up into My Car - Massachusetts (Norfolk)

    Moving in reverse admission = 100% fault finding on her. She was backing up and failed to ensure she was clear to do so.

  5. #5
    Join Date
    Mar 2013
    Posts
    16,792

    Default Re: Car, While Parallel Parking, Backed Up into My Car - Massachusetts (Norfolk)

    Agree with Speedy. Even if you were moving forward, driving down the street and getting hit by somebody suddenly backing up is not negligence.

    Backing up without making sure the way is clear is negligence.

    There's no contributory negligence on your part. It's 100% on the backer upper.

  6. #6
    Join Date
    Dec 2011
    Posts
    4

    Default Re: Car, While Parallel Parking, Backed Up into My Car - Massachusetts (Norfolk)

    Thanks for your comments and replies.

    The other driver's insurance company contacted me and said that they have assigned 51% fault to the other driver, and 49% fault to me because the other driver is claiming that I was trying to pass her at the time of the accident (not true, my car was stopped). I explained to the adjuster that there is 100% fault on the backer upper, but he refused to accept any further fault for the other driver. Should I fight this decision? If so, any advice on what to tell him?

  7. #7
    Join Date
    Jul 2010
    Posts
    7,600

    Default Re: Car, While Parallel Parking, Backed Up into My Car - Massachusetts (Norfolk)

    Quote Quoting dudulche
    View Post
    Thanks for your comments and replies.

    The other driver's insurance company contacted me and said that they have assigned 51% fault to the other driver, and 49% fault to me because the other driver is claiming that I was trying to pass her at the time of the accident (not true, my car was stopped). I explained to the adjuster that there is 100% fault on the backer upper, but he refused to accept any further fault for the other driver. Should I fight this decision? If so, any advice on what to tell him?
    You need to give this to your insurance company to fight for you. That's why they are paying them.

  8. #8
    Join Date
    Mar 2013
    Posts
    16,792

    Default Re: Car, While Parallel Parking, Backed Up into My Car - Massachusetts (Norfolk)

    Quote Quoting dudulche
    View Post
    Should I fight this decision?
    The only way you fight the decision is you sue the other driver and convince a judge that she is 100% at fault.

    Quote Quoting dudulche
    View Post
    any advice on what to tell him?
    There isn't anything to tell him. He's already made the decision.

    Your options are to sue the other driver or let your insurance company cover your loss.

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