Who would be at fault during a car accident in a parking lot?

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Who would be at fault during a car accident in a parking lot?

Parking lot is diagonal, I come down my path of right of way. This civic cuts through her own parking space to reach my side of path of way, and she has no view of obstruction. When I make a safe turn into the parking space right next to her without crossing any boundaries, she still manages to hit my rear right side. Who’s fault would it obviously be even if I don’t have any witnesses IN MY FAVOR because they’re her friends. I got the pictures of the scene to further prove my statements.

Asked on June 19, 2009 under Accident Law, California

Answers:

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

Answered 12 years ago | Contributor

Parking lot accidents are always difficult with regard to liability, especially if there are no witnesses (in your favor).  I'm not getting a picture of what the other driver was doing.  It sounds like she cut through a parking spot from the other side (other lane) to come out your lane and hit your car as you were pulling into the spot.  If that's the case, it certainly sounds like she was at fault.  She should have pulled out into her own lane rather than going throught the spot to the other lane.  I'm wondering if you called the police and if statements were given.  It's always helpful to have the police come if there is a question about fault.  All you can do here is give your story to the insurance company.  I'm guessing that the two insurance companies will settle the liability issue on something close to a 50-50 split. Send copies of your photos to the adjuster.


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