Ask Me Help Desk - School Parking Lot Accident

Quote:

Originally Posted by Kate84

That's just it, there is no traffic lane to the right of where my car was stopped. She had no business trying to pass. I (and my son) had a reasonable expectation that no vehicles would be trying to pass. On this particular campus, there is only one curbside dropoff, and there are 2 others that are drive through, stop, kid(s) exits vehicle, vehicle proceeds, and we were in one of those areas.

OK. Under those circumstances she woould have to take the bulk if not all the liability. Except that one thing still bothers me. Why was there even room for her to pass? In a drop off like you describe I don't understand why there was room to pass on the right. My daughter's elementary school had something similar to what you describe. It was a circular driveway. Cars pulled into the driveway, ALONG THE RIGHT EDGE, discharged there passengers and drove forward to exit the other end. I just can't imagine why there would even be room for a vehicle to pass on the right. That makes absolutely no sense to me. And I believe that also bothers my colleagues.

Quote:

Originally Posted by Kate84

This is probably the most unbiased opinion I've gotten so far, thank you.

I'm sorry but your attitude here leaves a lot to be desired. Everyone on this site VOLUNTEERS their time and expertise to help others. No one has given a "biased" opinion. They have given you the benefit of their knowledge and experience based on the information you posted. I can't find any bias or fault in their answers. And I think it is unfair and uncalled for of you to put down others simply because their assessment of the what you told them doesn't mesh with yours.

But here's the bottomline. My suspicion is that the insurance carriers are going to take the easy way out and just go 50-50. But, in doing so, neither of you will be out of pocket. If that happens and you don't like it, then you are going to have to take one or both the carriers to court. If you can prove that she had no business passing you on the right ad did so in violation of traffic patterns and safety warnings, then you should have a strong case.

Finally, I caution you against any further displays of attitude. If you don't like the advice given then ignore it. If you believe the advice is based on incorrect assumptions then point out where those assumptions are incorrect without putting down the poster. But any further disparaging remarks will be removed.

FrChuck, you ARE aware that OP just referred to her own child as stupid? One for the books!

"Cool, Chuck, I'll remember that next time I'm tired of waiting for someone's stupid kid to get out of their parents' car in a school parking lot. The car and the kid are free game. PERFECT."

I run into this all the time - the sarcasm, the failure to take responsibility for any part in the accident, the irrate person, situations where perceived proof is NOT proof (such as this accident where the BACK of the mirror hit the car as opposed to the FRONT - ?) I simply submit my report based on my education and experience and let the Attorney do the rest.

Quote:

Originally Posted by ScottGem

OK. Under those circumstances she woould have to take the bulk if not all the liability. Except that one thing still bothers me. Why was there even room for her to pass? In a drop off like you describe I don't understand why there was room to pass on the right. My daughter's elementary school had something similar to what you describe. It was a circular driveway. Cars pulled into the driveway, ALONG THE RIGHT EDGE, discharged there passengers and drove forward to exit the other end. I just can't imagine why there would even be room for a vehicle to pass on the right. That makes absolutely no sense to me. And I beleive that also bothers my colleagues.

I'm sorry but your attitude here leaves a lot to be desired. Everyone on this site VOLUNTEERS their time and expertise to help others. No one has given a "biased" opinion. They have given you the benefit of their knowledge and experience based on the information you posted. I can't find any bias or fault in their answers. And I think it is unfair and uncalled for of you to put down others simply because their assessment of the what you told them doesn't mesh with yours.

But here's the bottomline. My suspicion is that the insurance carriers are going to take the easy way out and just go 50-50. But, in doing so, neither of you will be out of pocket. If that happens and you don't like it, then you are going to have to take one or both the carriers to court. If you can prove that she had no business passing you on the right ad did so in violation of traffic patterns and safety warnings, then you should have a strong case.

Finally, I caution you against any further displays of attitude. If you don't like the advice given then ignore it. If you beleive the advice is based on incorrect assumptions then point out where those assumptions are incorrect without putting down the poster. But any further disparaging remarks will be removed.

You're right, some of my remarks were disparaging and tongue in cheek, and for that I apologize. I'm simply trying to wrap my head around the opinions presented, which to me appear somewhat biased (even though they may not be intentionally).

The insurance companies are conducting a thorough investigation of the accident, including that of the parking lot in which it took place, so I will leave this in their hands for the moment. Thank you all for your time and prompt replies.

If any of the opinions posted were biased, they were biased towards the facts. There is no reason for any of us to be biased for or against you (at least not initially). Our one and only bias is to give you the best advice we could given the facts you present.

And the issue of this woman having the room to pass you on the right is a bothersome issue.

But if the insurance companies are investigating and she illegally attempted to pass you on the right, then I can't see how they can attribute much liability to you.

Please keep us posted.

Will do. Thank you again, Scott.

Can I just add that I work for a number of Attorneys and insurance companies. I get paid to investigate and come up with a conclusion. Sometimes the Attorney's client is right; sometimes the Attorney's client is wrong. No Attorney or insurance company wants to get into a case and then find out that the client/insured was in the wrong.

I am totally unbiased - if I do slant a case, then I lose that Attorney's work.

So, no, I'm not "unintentionally" biased.

Correct, I come across a little hard here, ( cause I can) normally because first we are not given enoug info. In this case I still have no idea what sort of lane, or marked parking area the other car was driving though. This is where for trial, photos of the area during drop off time, and more should all be done.

I have no idea if the police were called, or at least the school resourse officer to do a school report

And we don't know what you are asking the other company for ( assume repair of your car)

The Op said a Police report was filed but they were campus Police. Depends on the type of school but most campus Police are not actually Police officers.The bottom line is, what we say will not matter because the two insurance companies will decide what happens. We do not have pictures of the other side of the story so its just a guessing game at this point.