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  1. #1
    Join Date
    Nov 2007
    Posts
    1

    Default Determining Fault for a Parking Lot Accident in Indiana

    My husband was pulling forward out of a parking space. He was in a Honda Accord which is pretty low and an SUV was beside him on his left. As he pulled forward past the SUV he seen a car driving toward him in the driveway to his left. He jammed on the brakes to stop but the other vehicle ran right into his side pushing him almost into a van that had been parked on his right. She said that she did not even see him and had not even applied brakes.
    As we were determining the extent of the damage with our insurance company our adjuster became very angry with me. She claimed that I told her a certain body shop was going to repair the vehicle when in fact we simply took it there to assess the amount of damage and I told her plainly we were undecided as to who or how the car would be repaired. She was verbally abusive with me on the phone and I caught her in several mistakes and I had to request a manager. Any way at that point I wondered if she could be objective when determining who was at fault and sure enough several days later she called to tell me that she had found my husband was 100% at fault. My husband and I were both shocked that in a parking lot accident they could find him at complete fault and she had hit him in his side.
    I received a form in my email a couple days later asking me what I thought of their services and I really unloaded. A manager called me and he said after he looked the reports over he had determined that My husband was only 70% at fault. I am wondering 1.if they feared a law suit which right now I am angry enough to persue or why they changed the fault amount and 2. What is parking lot law? Was my husband really at fault because he was pulling forward out of a parking space. He had done all he could to avoid the accident and she clearly hit him.

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

    Default Re: Determining Fault for a Parking Lot Accident in Indiana

    A car pulling out of a parking space is likely to be held more responsible for an accident than a car driving straight down the lane, if that's what you're saying happened.

  3. #3

    Default Re: Determining Fault for a Parking Lot Accident in Indiana

    were his headlights on? did he use a signal? since he was pulling out foward and not reversing, the other driver wouldn't have seen "reverse lights". there are a lot of factors to consider.

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