[Clicchi]

Hello, I was backing out of a designated parking spot at a filling station in my van. It was straight in parking facing the side of the building. There was a through way of sorts behind the building allowing passage behind it. Before backing out I checked and no one was within sight. I backed out very slow maybe 1 or 2 miles per hour. I made a 90 degree hard left turn so now I'm parallel to the building and at the end of backing out. As the turn was completing (I was still in reverse but almost stopped, (almost but not completely) a car came from behind the building and struck my rear bumper (passenger side end) with enough force to break it and it also snapped my shock absorber loose too. She must have been going close to 20 mph or more in this lot. Her car had damage on the drivers front fender (midway) to her door. I got out of the car and asked if everyone was all right and asked the driver to exchange information. I wanted to call the police but she was against it. She asked me if we could just go around the corner to her house to exchange info. I (mistakenly) said okay, I don't know why. I was going to a close relatives funeral and didn't want to be late so it may have clouded my judgment to just get this over without conflict, so I agreed. I hadn't been in an accident in many years and wasn't thinking clearly, I let her off the hook and should have called the cops. Her house was more like 6 blocks away. We exchanged info but while I'm talking to her a little she seems to think the whole thing was my fault now. I left and immediately called her insurance (Allstate) to make a claim and also called mine but just for advice. I told Allstate in my statement all the details and that since I was going no more than 1 or 2 mph and the amount of damage was due to their clients excessive speed. I went to the funeral (got a camera red light ticket in the mail for running the light during the procession, lucky day) and after the funeral went to the police station and made a report. The cop told me since it was on private property he could not issue any citation or assign any fault but would just take the report. We pretty much concluded that the other driver must not have had her license or ins card on her and that's why she wanted to go to her house to exchange info. No proof though. When I talked to my ins. Agent she told me about the same and also that the other drivers ins. Would likely side with their client over me. I called Allstate back and was told to go to their garage (I did that day) to get the damage assessed. It was assessed only and no liability was assigned. The examination missed the shock absorber damage (I told him I kept hearing a clunking sound but he didn't see it) and I found it myself later. Okay, maybe too much information but I wanted to be thorough. What do you think my chances are of getting a check for my damages from her insurance? If they turn me down what are my options? I've been trying to check if Speedway has a speed limit in their lots or for any Illinois or municipal statutes about lot speed limits.
Thanks. Carlo

[AK lawyer]

... What do you think my chances are of getting a check for my damages from her insurance? If they turn me down what are my options?...

From what you say, I'd say it's likely. You were virtually at a stop when the other vehicle hit you (~ 20 MPH, you estimate). I'd ask the insurance company for the other driver's side of the story, and get a copy of the police report (which may include a summary of the other driver's story), but if they refuse to pay I'd consider small claims court.

[JudyKayTee]

I'm a liability investigator - I see the cause being assigned to both of you. "Virtually at a stop," "almost at a stop," are not the same as stopped.

You are backing straight out, started to straighten out, rear of your car angled toward the driver's side or passenger's side when she comes around the corner?

[twinkiedooter]

You were backing up. It is your responsibility to back slowly and continuously look around for other vehicles. So she hit you. She was not backing up - you were. You just might lose if you go to court over this. Vans are notoriously hard to see out of when backing up. You need to back a van very, very slowly so as not to hit anyone. I had a Dodge B200 van and I backed that baby real slow, real slow and never hit anyone or had anyone hit me. You need to remember that there are way too many blind spots when backing a van as you are sitting much higher than a regular auto.

[Clicchi]

Thanks for the answers. In reply to : JudyKayTee -- To pull out of the parking spot I cut the steering wheel hard left and backed out so drivers side was parallel and closest to the building. I was moving probably less than 1 MPH and applying the brake. There was still room to drive around me or they could stop unless they were going too fast to stop which I think is the case here. So If liability is applied to both of us who pays for what? If her car had been just sitting behind me and I had backed into her at my speed I don't believe there would even have been a dent in either car. So I'll just call her Allstate and see what they've decided. I bet it's not good.

In reply to twinkiedooter -- I was backing very very slowly. I'm an experienced van driver and never had an accident that was my fault in 40+ years. I guess "fault" in parking lots is a problem.

[JudyKayTee]

"Fault" in ANY accident is a problem - bottom line here (as I see it) is you pulled out into the path of the other vehicle (whether or not you could see the other vehicle is immaterial; you pulled into his/her path) and that was the cause of the accident. It would appear that the other vehicle can prove that you blocked his/her path.

On the other hand other vehicle has a responsibility to drive prudently, be prepared to stop and avoid an accident.

And now the insurance companies get to decide percentage.