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armoredsaint
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Posted: 4/8/2011 4:23:30 PM
Out of curiosity, when someone is backing out of a parking space in a private lot (mall etc.) and then gets hit by an oncoming car traveling down the road.

Who's fault is it? The one backing out of a parking space or the oncoming car?

I assume it's the fault of the one backing out of a parking space?
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Posted: 4/8/2011 4:24:46 PM
[Last Edit: 4/8/2011 4:25:26 PM by bcauz3y]

Originally Posted By armoredsaint:
Out of curiosity, when someone is backing out of a parking space in a private lot (mall etc.) and then gets hit by an oncoming car traveling down the road.

Who's fault is it? The one backing out of a parking space or the oncoming car?

I assume it's the fault of the one backing out of a parking space?
correct, but there are other factors involved.

I'm not an expert in anything.

My posts are my OWN, and do not represent the collective opinion of any group, department, agency, organization, posse, gang, or any damn thing else but me.

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David_ESM
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Posted: 4/8/2011 4:25:37 PM
As usual, it will depend on the situation.

If I am backing out of a spot with no one around me and some guy comes around the corner not paying attention/talk on his phone/some other shit and runs square into me when I am almost done backing up. It sure as hell wasn't my fault.


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95BLuv
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Posted: 4/8/2011 4:26:49 PM
Whatever your insurance companies agree upon
troublesome
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Posted: 4/8/2011 4:30:17 PM
Does that apply on private property?

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STUBBO
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Posted: 4/8/2011 4:32:04 PM
Pretty much the person backing out. 99% of the time.
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Posted: 4/8/2011 4:44:52 PM
I backed into a camaro in my ford truck one night because some idiot teenager with no driver's license was driving his Mama's car without headlights on. Not my fault.
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Posted: 4/8/2011 4:57:57 PM
We found out recently its pretty always the person backing out. Our babysitter was driving our Toyota Sienna, completely out of a parking space, was stoped while shifting from reverse to drive and someone came around the corner and ran into the van. She was issued a ticket. We lost a claims free discount on our insurance, but no insurance pts b/c she (the babysitter) was not listed on our policy. I can't figure that one out. Its a big issue to me b/c I often drive my G35 Coupe in parking lots dominated by SUVs and I always have to back out slowly and hope, I will be almost half way out going very slowing and someone will speed through the gap.
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Posted: 4/8/2011 5:25:17 PM
In my neck of the woods the Police don't fault anybody in a private parking lot such as a grocery store, strip mall etc. I found that out when I was backing out of a stall, was 3/4 of the way out and some guy going way too fast and not paying attention hit me. I stopped got out of my car and the guy was telling me it was all my fault because I was backing out and therefore he had the right of way. Well, just at that time, a guy pulled up in a truck and told me he witnessed the whole thing. He said the guy who hit me was going way to fast and not paying attention. That was pretty much what I thought as to what happened since I was slowly backing out and was nearly out of the stall, when out of nowhere, this guy tags me. I decided to call the cops since nobody would agree to who was at fault. When the cop showed up, he told me all can do is take a report and issue no tickests since the parking lot was private property. Basically, it was going to be up to our insurance companies to make a decision. Luckily I had the witness who gave me his name and phone number, and told me he would testify on my behalf.

I called my insurance company, as well as the guy's who hit me, and both said that I was at fault due to the fact I was backing out, but once they heard the story from the witness, they changed thier minds pretty much. In the end, I was considered 20% at fault due to the fact I was backing out, but the other guy was 80% at fault for going to fast, innatentive driving, and failing to avoid an accident. My insurance company told me that if I didn't have the witness I would have been 100% at fault, so I got really lucky.

In the end I learned that if there is no witness, some a-hole can pretty much intentionally ram a person backing out to get money from somebody elses insurance company. My agent told me that actually happens frequently these days.

After my experience, I made it a habit to park way the hell away from everybody else, and definitely not in stalls right in front of the store where people cruise too fast through the parking lot. It just isn't worth the few extra steps it saves getting from my car to the store.
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Posted: 4/8/2011 5:33:30 PM
Originally Posted By armoredsaint:
Who's fault is it? The one backing out of a parking space or the oncoming car?


It is the fault of whichever person isn't me.


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ttushooter
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Posted: 4/8/2011 5:36:04 PM
If car backing out of spot and another car driving down the aisle, Car backing 99.9% of the time is at fault, unless the backing car is completly out of the spot and the guy t-bones him. (thats the .1%)

I have handled literally thousands of Parking lot claims in the years I worked as an auto liabilty claims adjuster.
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Posted: 4/8/2011 5:38:55 PM
Originally Posted By David_ESM:
As usual, it will depend on the situation.

If I am backing out of a spot with no one around me and some guy comes around the corner not paying attention/talk on his phone/some other shit and runs square into me when I am almost done backing up. It sure as hell wasn't my fault.




In Mississippi it is. That happened to my sister. The girl who hit my sister was speeding and had gotten her driver's license the day before. It was still ruled as the fault of my sister who was backing out.
armoredsaint
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Posted: 4/8/2011 6:10:07 PM

Originally Posted By david_g17:
Originally Posted By David_ESM:
As usual, it will depend on the situation.

If I am backing out of a spot with no one around me and some guy comes around the corner not paying attention/talk on his phone/some other shit and runs square into me when I am almost done backing up. It sure as hell wasn't my fault.




In Mississippi it is. That happened to my sister. The girl who hit my sister was speeding and had gotten her driver's license the day before. It was still ruled as the fault of my sister who was backing out.

isn't that bullshit, it's a loose-loose situation for the one backing out of a space.
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Posted: 4/8/2011 6:11:21 PM
[Last Edit: 4/8/2011 6:21:33 PM by Dr_Octagon]

Originally Posted By armoredsaint:

Originally Posted By david_g17:
Originally Posted By David_ESM:
As usual, it will depend on the situation.

If I am backing out of a spot with no one around me and some guy comes around the corner not paying attention/talk on his phone/some other shit and runs square into me when I am almost done backing up. It sure as hell wasn't my fault.




In Mississippi it is. That happened to my sister. The girl who hit my sister was speeding and had gotten her driver's license the day before. It was still ruled as the fault of my sister who was backing out.

isn't that bullshit, it's a loose-loose situation for the one backing out of a space.

Especially when you're in a smaller sedan backing out from in between two SUVs that completely block your vision both ways. Horseshit.
armoredsaint
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Posted: 4/8/2011 6:13:01 PM

Originally Posted By Dr_Octagon:

Originally Posted By armoredsaint:

Originally Posted By david_g17:
Originally Posted By David_ESM:
As usual, it will depend on the situation.

If I am backing out of a spot with no one around me and some guy comes around the corner not paying attention/talk on his phone/some other shit and runs square into me when I am almost done backing up. It sure as hell wasn't my fault.




In Mississippi it is. That happened to my sister. The girl who hit my sister was speeding and had gotten her driver's license the day before. It was still ruled as the fault of my sister who was backing out.

isn't that bullshit, it's a loose-loose situation for the one backing out of a space.

Especially when you're in a smaller sedan backing out from in between to SUVs that completely block your vision both ways. Horseshit.

i agree or a fucking minivan
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Posted: 4/8/2011 6:15:43 PM
Originally Posted By 95BLuv:
Whatever your insurance companies agree upon


This.
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Posted: 4/8/2011 6:16:45 PM
[Last Edit: 4/8/2011 6:18:38 PM by Chaingun]
Probably backing out is to blame, but they could prove speeding on the other vehicle.It also depends on how far out the car is that's backing out.

How about this, if you back out and T-bone the car its your fault. If you T-bone someone backing out, its your fault.
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Posted: 4/8/2011 6:17:27 PM
[Last Edit: 4/8/2011 6:17:41 PM by Guntoter]
Who has the right of way?

ME!!

At least that is what everyone is saying to themselves as they fly across lanes and up isles the wrong way with total abandon.
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Posted: 4/8/2011 6:18:23 PM

Originally Posted By armoredsaint:

Originally Posted By Dr_Octagon:

Originally Posted By armoredsaint:

Originally Posted By david_g17:
Originally Posted By David_ESM:
As usual, it will depend on the situation.

If I am backing out of a spot with no one around me and some guy comes around the corner not paying attention/talk on his phone/some other shit and runs square into me when I am almost done backing up. It sure as hell wasn't my fault.




In Mississippi it is. That happened to my sister. The girl who hit my sister was speeding and had gotten her driver's license the day before. It was still ruled as the fault of my sister who was backing out.

isn't that bullshit, it's a loose-loose situation for the one backing out of a space.

Especially when you're in a smaller sedan backing out from in between to SUVs that completely block your vision both ways. Horseshit.

i agree or a fucking minivan

yeah i've done plenty of those "please Jesus let me not get hit backing out of this space."

if I'm driving i always stop for people backing out b/c i know 90% of the time they cant see.

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Posted: 4/8/2011 6:57:23 PM
Seriously, this is why some people (including myself) pull through a parking space and park so that the vehicle is pointed out. Reverse causes remorse.
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Posted: 4/8/2011 7:02:51 PM
Thats why I back into spots so I can pull out instead
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Posted: 4/8/2011 7:21:32 PM
I would think the person backing out has the right of way as they are going to have limited visibility.

Regardless I always yield to the person backing out to avoid any possibility of being hit.
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Posted: 4/8/2011 7:29:38 PM
Originally Posted By Monoz:
Originally Posted By armoredsaint:
Who's fault is it? The one backing out of a parking space or the oncoming car?


It is the fault of whichever person isn't me.



I like this answer.



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Posted: 4/8/2011 7:35:47 PM
[Last Edit: 4/8/2011 7:36:25 PM by david_g17]
Originally Posted By Dr_Octagon:

Originally Posted By armoredsaint:

Originally Posted By david_g17:
Originally Posted By David_ESM:
As usual, it will depend on the situation.

If I am backing out of a spot with no one around me and some guy comes around the corner not paying attention/talk on his phone/some other shit and runs square into me when I am almost done backing up. It sure as hell wasn't my fault.




In Mississippi it is. That happened to my sister. The girl who hit my sister was speeding and had gotten her driver's license the day before. It was still ruled as the fault of my sister who was backing out.

isn't that bullshit, it's a loose-loose situation for the one backing out of a space.

Especially when you're in a smaller sedan backing out from in between two SUVs that completely block your vision both ways. Horseshit.


My sister had a friggin' UPS truck parked next to her blocking the view.
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Posted: 4/8/2011 7:56:58 PM
Just from a common sense stand point you would think the car with the best view would be the one required to stop. If your trying to back out of a spot its not like your an owl whose head turns all the way around.
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Posted: 4/8/2011 8:15:55 PM
Always back into spots.
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Posted: 4/8/2011 8:23:56 PM
Originally Posted By STUBBO:
Pretty much the person backing out. 99% of the time.


i would think so to.