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  1. #1

    Default At-Fault Driver Denies Responsibility After Accident In A Parking Lot

    The accident happened in newark, delaware. When I was going in one of the aisles of the private parking lot someone passed through the parking lot across the parking aisles at a relatively high speed. I expected him to stop as he was moving through the lot but he just passed by me from right side to left side. I hit him on the passenger side. My bumber and head lights are broken. On the spot of the accident he accepted his complete fault and agreed to pay for my damage through his insurance company. He told me that he could not see properly and thought he was going on the parking aisle. It was snowing on that day. He insisted me not to call the cops and told me that he had already 4 or 5 tickets and if he gets one more ticket his license might get cancelled.

    I called the cop. The cop said that as it is a private property parking lot he cannot write any report of the accident and told us to deal with the insurance companies regarding the claims. The cop also mentioned that he cannot say whose fault is it as there are no rules in the parking lot. This person took advantage of the situation and mentioned his insurance company that it was not his fault. His insurance company is asking me to go for the 50-50 settlement where my insurance company will pay 50% of his damages and his insurance company will pay me 50% of my damages. I rejected the offer. There were no witness for the accident. My car has $2000 damage. I have only liability (no collision). Why should I accept the fault if I am going on the asile? Can anyone please suggest me what should I do?

  2. #2
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    Default Re: At-Fault Driver Denies Responsibility After Accident In A Parking Lot

    You saw him coming, you knew he would enter your path, and you chose not to stop or slow on the assumption that he would see you and stop. You then hit him. I would assess fault against you, as well.

    If you don't like the insurance company offer, you can always sue in small claims court.

  3. #3

    Default Re: At-Fault Driver Denies Responsibility After Accident In A Parking Lot

    Hi Mr. Knowitall,

    Thanks a lot for your reply. I have to mention that if it is a normal day with no snow then I might have seen him coming from far. It was snowing that day and dark and visibility was low. I was concentrating on the asile. The person involved in the accident also told me the same that he could not see my car from far, but he accepted that its his mistake to go across the asile when the accident happened. I met the police officer later in his station and he mentioned that legally he cannot tell the fault but he said its common sense that the person should not be travelling across the aisles on a day like that. He said he is willing to tell the same if the case goes to a trial.

    I am an international student here and I dont know much about the courts. Do I have to talk to a lawyer for the small claims court. I tried to post the case to some law firms and dint get response. Do you know anything about the delaware small claims court?

  4. #4
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    Default Re: At-Fault Driver Denies Responsibility After Accident In A Parking Lot

    Quote Quoting charanmasarapu
    View Post
    I have to mention that if it is a normal day with no snow then I might have seen him coming from far. It was snowing that day and dark and visibility was low. I was concentrating on the asile.
    You said,
    Quote Quoting charanmasarapu
    View Post
    When I was going in one of the aisles of the private parking lot someone passed through the parking lot across the parking aisles at a relatively high speed. I expected him to stop as he was moving through the lot but he just passed by me from right side to left side.
    You saw him and observed his speed before the accident. You could not have expected him to stop unless you saw him before he entered the lane in front of you and you drove into his car.

    Here's information on Delaware's Justice of the Peace Court (small claims court).

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