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mars48

Junior Member
What is the name of your state? California

Exactly one week ago I was involved in an accident at a Target parking lot. I was backing my vehicle out of a parking space. I was almost completely out, when I noticed a vehicle from a space directly across from mine trying to back out of their space. (The parking lot is designed with 90 degree parking spaces and the rears of cars parallel to each other) I stopped my car to honk and warn this vehicle that it was about to hit me. The person continued to back out and actually hit my vehicle. There was damage to my vehicle (rear bumper & quarter panel), none to hers. We exchanged information. There were no witnesses, at least none that stuck around to provide their information.

We have since both made claims with our individual insurance agents and my car was sent to the shop for repairs (minor: $864). I have since found out through my insurance agent that the other driver is disputing my claim, saying that we were backing out at the same time. My question is, since I was further out of my space, doesn't that mean that I had the right of way? And that the other driver is liable for damages to my vehicle since she backed into me?

(Other info: While we were exchanging information, she claimed to not hear me honk because her music may have been to loud, and that she was concerned with getting back to work on time. I of course may not be able to use this information since there is no recording of her saying this to me. Correct?)
 


djohnson

Senior Member
What part of her car was hit? I think backing out at the same time sounds reasonable to me depending on where each is damaged. Were you directly across from each other?
 

mars48

Junior Member
My car was hit on the driver's side rear bumper and the quarter panel. The point is we did NOT back out at the same time. I was almost all the way backed out, stopped my car because I noticed her, and she then backed out of her space and hit me (after I honked three times).
 
A

absconder

Guest
50/50 your responsible for backing up your vehicle safely, no excuses.
 

djohnson

Senior Member
mars48 said:
My car was hit on the driver's side rear bumper and the quarter panel. The point is we did NOT back out at the same time. I was almost all the way backed out, stopped my car because I noticed her, and she then backed out of her space and hit me (after I honked three times).


I agree it will probably be 50/50, but you still didn't answer the questions. Where was her car hit? Where were you parked and where was she parked? Was it right across from each other? If you want help, you can't get defensive because you don't like the answers. Not everyone can win.
 

mars48

Junior Member
Djohnson,

She hit my car with the left rear bumper of her car. When we were going over her car, she said that there was no damage to her car. We were almost directly across from each other (although I think she was one space over to my right).

I'm sorry to sound defensive, but this is a frustrating situation for me. I've never been in an accident before, and I made sure to look in all directions before I exited my space. She had not yet started to exit her space when I noticed her and then honked to warn her that she was about to hit me. (which is why I can't understand how it can be constituted as 50/50)

Again, I apologize, and DO APPRECIATE any advice given.
 

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