[ScottGem]

Car A is exiting a parking lot. Car A pauses just short of the aisle leading to the curbcut to wait for a delivery van to get clear. Car B comes down the next aisle turns into the aisle behind Car A. Car B then passes Car A on the left and makes a right in front of Car A hitting Car A on the point of its bumper.

Who is at faullt?

[twinkiedooter]

Car B.

[ScottGem]

Bump

[JudyKayTee]

Car A is exiting a parking lot. Car A pauses just short of the aisle leading to the curbcut to wait for a delivery van to get clear. Car B comes down the next aisle turns into the aisle behind Car A. Car B then passes Car A on the left and makes a right in front of Car A hitting Car A on the point of its bumper.

Who is at faullt?

I would say B because no matter what the circumstances B hit A -

It would be less about the circumstances and more about B simply striking A.

Even if B thought A was parked (for whatever reason), giving B the ability to turn right in front of A, B still struck A.

Argument could be that A moved ahead while B was making the turn and in that case all bets are off.

[ScottGem]

Hi Judy,
Hoping you would see this. Well, that seems to be the conundrum here.
My feeling here is that A was in line to exit the lot and that B should not have tried to pass A. By not yielding to her right of way, B was at fault.

A is my daughter. And B is a co-worker (they were in her company's parking lot). She is saying that she was not moving but watching the truck on the street to get out of the way. And that B was driving fast and swung around her. B is claiming she hit him as he swung around her.

At stake here is $500. Both are covered by the same insurer. So we are letting them decide. If they deem him responsible, his policy pays our deductible. Otherwise, we have to see what they say. I assume, that if they make a determination, suing him and them is not going to go well.

[JudyKayTee]

Hi Judy,
Hoping you would see this. Well, that seems to be the conundrum here.
My feeling here is that A was in line to exit the lot and that B should not have tried to pass A. By not yielding to her right of way, B was at fault.

A is my daughter. And B is a co-worker (they were in her company's parking lot). She is saying that she was not moving but watching the truck on the street to get out of the way. And that B was driving fast and swung around her. B is claiming she hit him as he swung around her.

At stake here is $500. Both are covered by the same insurer. So we are letting them decide. If they deem him responsible, his policy pays our deductible. Otherwise, we have to see what they say. I assume, that if they make a determination, suing him and them is not going to go well.

Hi Scott -

I don't see the problem as B (also known as "the bad guy") trying to pass A (also known as "your daughter") - maybe B didn't know what A was doing, maybe he thought A was parked or stopped for some reason - I see the problem as B clipping A. I also question B's wisdom in turning in front of A without blowing the horn, signalling to A that "he" is going to pull ahead, just getting her attention, no matter what the circumstances.

When I read it I pretty much figured that B would claim A pulled into him - do you think I've seen this situation before?

The angle of impact will have a lot to do with this - is it a dent, a scrape and a dent? Can you tell the angle?

Sounds to me like it could go either way - I wouldn't be the least surprised if the insurance company (being the same company) would decide 50/50 for no reason other than to settle it. They'll probably say your daughter should have/could have seen what B was doing, she should have blown her horn to warn him, whatever.

You never know what kind of crazy excuse people will use - I actually interviewed a woman this week who rearended another car but claims she has no idea why she rearended the car because first her air bags went off and that caused her to lose control and then she hit the other car in the back - ? And she's sticking to it!

[ScottGem]

From the cellphone pic my daughter too, it looks more like a scrape on Car B. On my daughter's there is very little scraping. The front bumper has a hole on the corner, the headlight was popped out and broken and the point of the hood is bent slightly.

My biggest fear is the insurer will figure that by not assigning liability they save.

BTW we got an estimate from the insurer; $1899!!

[JudyKayTee]

From the cellphone pic my daughter too, it looks more like a scrape on Car B. On my daughter's there is very little scraping. The front bumper has a hole on the corner, the headlight was popped out and broken and the point of the hood is bent slightly.

My biggest fear is the insurer will figure that by not assigning liability they save.

BTW we got an estimate from the insurer; $1899!!!

Without seeing photos "usually" the car with the scrape pulled across the car with the dent - the car with the dent took the impact. What part of B is scraped?

Was your daughter standing facing straight ahead or turned (for example, to go left or right)? Sounds like she was facing straight and B went across the front corner of her car.

Now the question will be whether she was moving.

I know - collision repairs are ridiculously expensive.

(Oh, I'm sure you know this but if I saw the accident with your daughter at fault I would say so.)

[ScottGem]

It looks like the damage to Car B extends from the middle of the front passenger door to the rear passenger door.

My daughter said that after the impact, he got out and asked her why didn't you stop? But to me that says he had no business going around her if she wasn't stopped. And if she was stopped, then he hit her. So it looks to me like either way he's damned.

[JudyKayTee]

Scott, were there any witnesses?

Usually remarks made at the scene (unless they are in the presence of a witness with no interest in the accident) are pretty much discounted and once B speaks to his insurance company and family his comments and admissions will all change.

With the damage to her car and the damage to his car it would seem that he hit her - if she hit him with the front end of her car she would have slammed her brakes on. He, because it's the passenger's side, would have realized they were going to OR HAD hit a little too late.

Wonder how fast he was moving - that's a pretty good distance if you are creeping around a car. Certainly makes your daughter all the more believable - he quickly pulled in front of her.

Now let's see what the insurance company thinks.

[ScottGem]

What's worse about this is they are both brand new cars. My dtr got her's almost exactly one month prior and he got his a few weeks before. An oddity about this is the last time I had a new car, it was also a lease and one month to the day after I got it, I was hit by some guy speeding through a parking lot.

[twinkiedooter]

Car B unlawfully passed Car A end of story.

[JudyKayTee]

Car B unlawfully passed Car A end of story.

Perhaps in Ohio, not in NY where we have comparative negligence.

If B was passing A and A began to move forward, that's not the end of the story, just the beginning.