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      02-06-2013, 08:12 PM   #1
MasterWang
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Minor Accident, whose fault?

Got in a bumper to bumper accident today in my apartment parking lot.
I had pulled out of my garage and was driving away, when a nissan maxima came out of nowhere and hit my front bumper. I'm including a quick drawing of what had happened to make it easier to understand.

Cop was called to the scene and he pretty much told us that he can't do anything about it since it was on private property. He also said it is most likely a 50/50 fault situation since it happened on a "blind corner." We exchanged insurance informations, but neither of us have filed a claim yet. Her car if barely damaged (bumper is slightly unaligned), while mine will most likely need to be replaced.

My question is, whose fault was it?
She had swerved into my lane in order to park into a spot on her right, so is it her fault? Should I file a claim with insurance?
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      02-06-2013, 09:12 PM   #2
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From your diagram, I'd say you would have to yield to the car in perpendicular traffic, while she was in continuous, uninterrupted traffic flow, you were coming in from a 3rd approach to the intersection. Did you have a yield or stop sign from your approach? If not, I'd photograph your approach your approach to document any implied right--of-way.
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      02-06-2013, 09:14 PM   #3
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Hers, wrong side of lot. But private lots vary in laws. Clean car, bet she felt bad hitting it.
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      02-06-2013, 09:30 PM   #4
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parking lot accidents are usually 50/50 (unless of course one car is parked. lol.)
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      02-06-2013, 09:33 PM   #5
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No signs. Most likely we will avoid insurance. One of my friends said we pay for each others repairs? I've never heard of anything like that before, thought we would just fix our own out of our own pockets.
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      02-06-2013, 09:48 PM   #6
eppisgood
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Tough call - was your car moving when it happened or was it stationary?
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      02-06-2013, 09:55 PM   #7
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I was stationary, if not BARELY moving. I had checked to my left to see if any cars were coming from my left, then as soon as I turned my head to the right, she was on my bumper. Did not expect a car to be coming toward me from that lane :/
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      02-06-2013, 10:04 PM   #8
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Thats little tricky I guess.
Parking lots are always grey area, not much space to move around.
Good luck with the repair.
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      02-06-2013, 10:33 PM   #9
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Just going by what i see if something like this came accross my desk when i was still adjusting I would do 50/50 and it would depend on how percentages are done in your states. In some states if your 1% liable it bars you from recovering from the other persons insurance so it would be you file yours and she file hers and move on.
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      02-06-2013, 10:55 PM   #10
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Well if I was the law, and you weren't moving, then I'd say it's the other cars fault... but I could see if you were moving how it'd muddled. I still say since the other car wasn't driving in their part of the "lane" that they'd be more at fault.

When I don't see any oncoming cars, I often will go into the oncoming "lane" (in a parking lot situation) to park in a spot on my right, as the turning radius isn't tight enough to park into a spot on the right from the right side of the lane (stems from when I had an S60R with a turning radius wider than an Expedition).

I can also see how when you are making a blind right turn around the corner of your garage that you aren't expecting a car to be coming straight at you either.
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      02-06-2013, 11:31 PM   #11
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It was Casper's fault.

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I would say it is their fault because they swerved into your lane. They should have yield when they crossed into your lane.


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      02-06-2013, 11:40 PM   #12
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tough call.. you need a camera on this one. otherwise, I'd say 50/50. I also think you should consider filing a claim with your property manager. They need to put a big mirror because that is obviously a blind spot. I've seen many complexes put big mirrors for these exact situations.

Again, without proof and heresay on both sides, this is going to be 50/50.
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      02-06-2013, 11:54 PM   #13
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It is your fault. If no signs, you always have to yield to the traffic coming from your right.
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      02-07-2013, 12:08 AM   #14
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Without witnesses most accidents that occur on private lots are usually 50-50. I got reversed into when I was stopped in a parking lot and it went down as a 50-50.
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      02-07-2013, 12:11 AM   #15
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Quote:
Originally Posted by iSerge View Post
It is your fault. If no signs, you always have to yield to the traffic coming from your right.
But it sounds like he did yield...at least somewhat. He yielded at least as much if not more than the other driver used caution in departing from their "lane".
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      02-07-2013, 04:05 AM   #16
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So maybe I'm asking the most important question.

Who's the blonde chick taking photos?
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      02-07-2013, 04:37 AM   #17
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Could also be management's fault for not putting a mirror on a blind corner
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      02-07-2013, 04:41 AM   #18
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Also, either 50/50 or your fault. She was going straight and you were turning into her lane.
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      02-07-2013, 09:09 AM   #19
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That's a bad situation for a blind corner. Management needs to install a simple mirror to alleviate this blind spot. I see so many potential accidents from your diagram that can be avoided
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      02-07-2013, 12:18 PM   #20
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Quote:
Originally Posted by harkirath View Post
Also, either 50/50 or your fault. She was going straight and you were turning into her lane.
I wasn't technically turning into "her" lane, she had departed her lane and came into mine in order to get an angle to park. At the position I was in, I saw that no cars were coming from the lane that she was originally in. I didn't have a clear view of the lane I was going into, which is where she was. Like I've said, how many of you guys would've expected a car to come toward you from that lane!?

Looks like I'll go with another M3 style front bumper. Maybe I'll get an M-sport rear bumper as well.
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      02-07-2013, 01:18 PM   #21
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the 'yield to the right' rule ONLY applies to intersections/merges/etc. where
there are no signs posted.

the OP's situation presents NO intersection!

It's a CORNER - and the bimbo was operating her car ON THE WRONG SIDE OF
THE ROAD.

End of story.

She's at fault. No 50/50 bulls*it.


Hey - armchair adjusters - if a car operates on the wrong side of the street and collides with yours - is it your fault because you're operating your car
at the same time - in your OWN lane?


It is a blind corner and she was operating her vehicle and not staying on the
right side of the lane of travel.


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      02-07-2013, 01:27 PM   #22
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Quote:
Originally Posted by PSEE View Post
the 'yield to the right' rule ONLY applies to intersections/merges/etc. where
there are no signs posted.

the OP's situation presents NO intersection!

It's a CORNER - and the bimbo was operating her car ON THE WRONG SIDE OF
THE ROAD.

End of story.

She's at fault. No 50/50 bulls*it.


Hey - armchair adjusters - if a car operates on the wrong side of the street and collides with yours - is it your fault because you're operating your car
at the same time - in your OWN lane?


It is a blind corner and she was operating her vehicle and not staying on the
right side of the lane of travel.


hey professional adjuster -

if there arent any lines on the pavement then there arent any lanes... its not a road.. is a parking lot... her word against yours, unless you have a witness... gonna be 50/50
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