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natalie12 · Oct 2, 2007, 08:17 PM

My sister was in a car accident yesterday on private property. She was backing up out of a parking spot and there was a van next to her. She looked out her back window as she was backing up slowly and boom. A car came through the parking lot and hit her. We have no idea who fault it is and we live in Ohio. In Ohio it is either one persons gfault of the others and we don't know who's fault it was.Can someone please tell me who's fault this is. My sister called the cops but they said they would not come out since it was on private property.

Corvette1979 · Oct 2, 2007, 08:27 PM

Originally Posted by natalie12

My sister was in a car accident yesterday on private property. She was backing up out of a parking spot and there was a van next to her. She looked out her back window as she was backing up slowly and boom. A car came through the parking lot and hit her. We have no idea who fault it is and we live in Ohio. in Ohio it is either one persons gfault of the others and we don't know whos fault it was.Can someone please tell me whos fault this is. My sister called the cops but they said they would not come out since it was on private property.

If your sister was in a parking space, and a vehicle was traveling through the parking lot, the assumption is that the other vehicle had the right of way, and the vehicle in the parking spot should yield since it did, in fact, enter the right of way of another vehicle. However, even if your sister failed to yield the right of way, it is possible that the other vehicle also played a contributing role by, for example, speeding, going the wrong way ( against directional arrows ), etc. If they both were insured drivers, the insurance company will sort out who was at fault, and what degree of fault ( if any ) is assigned to each party. Culpability isn't your determination to make.

CaptainRich · Oct 2, 2007, 08:31 PM

I would have thought the police would respond to private property...

But if you're backing from a parking spot into potentially moving traffic, regardless of that vehicles speed, you would probably be at fault. Your insurance agent might be the one to ask.

Corvette1979 · Oct 2, 2007, 08:43 PM

Section 1988 (civil liability) would prohibit police officers from acting on private property.

Would be great if they did.

travislee_johnson · Oct 2, 2007, 09:32 PM

Originally Posted by natalie12

My sister was in a car accident yesterday on private property. She was backing up out of a parking spot and there was a van next to her. She looked out her back window as she was backing up slowly and boom. A car came through the parking lot and hit her. We have no idea who fault it is and we live in Ohio. in Ohio it is either one persons gfault of the others and we don't know whos fault it was.Can someone please tell me whos fault this is. My sister called the cops but they said they would not come out since it was on private property.

Well, did the person that hit her have permission to be on that private property? If not than they were automatically at fault. However if they had permission to be there, your sister should have had someone get out of the car and guide her back if she couldn't see through the vehicle next to her, if she didn't she's at fault, unless the driver in the parking lot was driving above the posted speed limit in the parking lot.

Corvette1979 · Oct 3, 2007, 05:55 AM

Originally Posted by travislee_johnson

well, did the person that hit her have permission to be on that private property? If not than they were automatically at fault. However if they had permission to be there, your sister should have had someone get out of the car and guide her back if she couldn't see through the vehicle next to her, if she didn't she's at fault, unless the driver in the parking lot was driving above the posted speed limit in the parking lot.

Private property --->store, mall, etc.

ScottGem · Oct 3, 2007, 06:00 AM

I was actually involved in a similar accident. I had started to enter a parking slot, decided it was too narrow and started backing up. A van came barreling through the lot and I caught him just behind the front wheel. I argued that since I was still in the act of maneuvering, I had the right of way. I lost.

Corvette1979 · Oct 3, 2007, 06:53 AM

Originally Posted by ScottGem

I was actually involved in a similar accident. I had started to enter a parking slot, decided it was too narrow and started backing up. A van came barreling thru the lot and I caught him just behind the front wheel. I argued that since I was still in the act of maneuvering, I had the right of way. I lost.

Sorry that happened to you. Parking lots are dangerous places! I always park wayyyy at the back!

In regards to your situation, the fact that you had committed to the parking space, then changed your mind ( i.e. altering your course--exiting instead of entering) would have made you liable (since going in reverse is not an expected action). However, your attorney, if you had one, should have argued that the if the other vehicle had not been so close, they could have stopped in time.

Depending on the state in which you reside, some insurance companies assign degree of fault. Example: You could be 75% at fault for backing up, but the other guy was going to fast, or following too closely --25% fault.

I drive a vintage 'Vette---I wish I could install AIR BAGS all the way around it every time I park!

ScottGem · Oct 3, 2007, 07:23 AM

The other car was a Telephone company van and the driver was zipping through the parking lot using it as a short cut between two streets. Since they were self insured, I successfully badgered them into accepting 25% liability, which almost covered my deductible. What really burned me on it, was the car was a new car only a month old and this had been my first accident in 20 years.

Corvette1979 · Oct 3, 2007, 10:06 AM

Originally Posted by ScottGem

The other car was a Telephone company van and the driver was zipping throught the parking lot using it as a short cut between two streets. Since they were self insured, I successfully badgered them into accepting 25% liability, which almost covered my deductible. What really burned me on it, was the car was a new car only a month old and this had been my first accident in 20 years.

I know how you feel about careless drivers. On my fortieth birthday, I bought a beautiful Chrysler Sebring convertible. Was heading through an intersection and someone ran the light, T-boned me on the drivers side door. Was injured extensively.

Then, a few months ago, my husband was killed while traveling in a work truck by a school bus driver who crossed the center line. I expected a lot in my life, but never to be widowed at 40.

These discussions about motor vehicle accidents "hit" close to home with me.

Glad you are OK.