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  1. #1
    Join Date
    Sep 2016
    Posts
    13,916

    Default Somebody Backed Into Me in a Parking Lot

    I was leaving a restaurant with my family and was backing out of a parking space. I was all the way out of the space, when another car (also backing out) hit me. She said she wasn't paying attention.

    I made a claim with her insurance company, and they said that they considered the fault to be 50:50 because we were both backing out. However, I was all the way out of my space and she was only part-way out of her space, so that doesn't seem fair.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Somebody Backed Into Me in a Parking Lot

    If you have collision coverage through your own insurance, you can make a claim for your damages and let them worry about issues of comparative fault.

    If you do not, you can try to negotiate for a better settlement, take what they're offering, or sue in small claims court.

    Look for any corroborating evidence -- for example, security camera footage, any witnesses who might have seen the accident or heard her statement, etc.

    The exact layout of the parking lot and position of the cars may affect how a court, reviewing the facts, would allocate fault.

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