What to do if someone backed into my right of way in a parking lot and our vehicles made contact?

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What to do if someone backed into my right of way in a parking lot and our vehicles made contact?

Her insurer is saying I am partially at fault even though she recieved a ticket for unsafe movement while backing. Should I fight this?

Asked on February 18, 2014 under Accident Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Since the other driver received a ticket for the accident, there should be a police report stating that she caused the accident.  You should obtain the police report.

Since her insurance company is claiming that you were partially at fault, if that insurance company is disregarding or disputing the police report and won't pay for the damage to your car, you can sue the other driver for negligence.  Your damages (the amount of compensation you are seeking in your lawsuit for negligence) would be the cost of repairs to your car.

You will need to mitigate (minimize) damages by selecting an auto body repair shop whose fees are comparable to other auto body repair shops in the area. If you were to select the most expensive shop you could find, you have failed to mitigate damages and your damages will be reduced accordingly.  If you need a rental car while your car is being repaired, you will need to mitigate damages by selecting a rental car with a reasonable rate.  If you were to select the most expensive rental car you could find, you have failed to mitigate damages and your damages will be reduced accordingly.

You may be able to file your lawsuit in Small Claims Court.  Your damages should include the cost of repairs to your car, the rental car cost and court costs.  Court costs would include the court filing fee and process server fee.


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