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    winterjoy1976's Avatar
    winterjoy1976 Posts: 4, Reputation: 1
    New Member

    Aug 31, 2009, 06:46 AM
    SC Private Property Accident Directed by Property owner personnel

    Here is my question and some back ground information. I was on private property when there was a medical emergency in progress. There were no signs, no alert, and no sirens. I was not aware of the situation. A person in uniform was blocking the property's exit and starts directing me frantically to move into another lane. The gesture was frantic as if I was in eminent danger so I moved and hit another car that came up from behind and around me. Apparently the person could not see the little car through my Hummer. The question is... If I am on private property, directed by property personnel, to move immediately whose fault is it. Property personnel also police the area and issue tickets. Was it not reasonable to expect I needed to follow his direction? Do I have any recourse, my insurance company is refusing to follow-up on this.

    Thank you,
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Aug 31, 2009, 07:08 AM

    If you were following the direction of someone presumed to be in authority you may have a cause of action against the person directing you. If that person was acting under the orders of the property management, then they, too may be liable.

    Is your insurer refusing to pay damages or what?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member

    Aug 31, 2009, 07:13 AM

    No matter what the emergency personnel was directing you to do, I believe you had a responsibility to make certain that it was clear and safe for you to change lanes.

    If you are on a City Street and a Firefighter or Police Officer waves you over you are expected to make sure it is safe - I don't see any difference on private property.

    When you say your company is refusing to look into this - what have they said? Do they find you to be at fault?
    winterjoy1976's Avatar
    winterjoy1976 Posts: 4, Reputation: 1
    New Member

    Aug 31, 2009, 07:20 AM
    My insurance is paying damages, stating they are at fault because I was driving, but are refusing to go back to the property owner to recoup funds. This is my first accident in nine year and my concern is that it will increase my insurance rates.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Aug 31, 2009, 07:23 AM

    You can try filing suit yourself then. But you don't have a strong case. Whether the person giving you directions could see the car behind you or not, YOU should have been able to see it and acted accordingly.

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