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Old 12-04-2012, 04:25 AM   #1
justjesus
 
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in california, that's fairly typical rates for a bumper replacement (through insurance)

as far as "who's at fault?" goes, that's a question of liability.

The main thing you got going for you is that you were in the "main thoroughfare" part of the parking lot. He was coming from the side. This gives you the right-of-way.
One detail I didn't see, and it's maybe because Im tired and it's late, is the point of impact to the other car. Which part of his car did you hit? Any claims adjuster/examiner worth a damn will want to know this.

If the damage was closer to the front of his/her car, it is more favorable to you. If it's more toward the back, it is more favorable to the other driver. Why?
Because if he pulled out enough to where you hit him/her toward the rear, then s/he was establishing "control" of the intersection.

It's not as easy as this, however, but that's almost what it boils down to.
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Old 12-04-2012, 04:31 AM   #2
edmscan
 
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Quote:
Originally Posted by justjesus View Post
in california, that's fairly typical rates for a bumper replacement (through insurance)

as far as "who's at fault?" goes, that's a question of liability.

The main thing you got going for you is that you were in the "main thoroughfare" part of the parking lot. He was coming from the side. This gives you the right-of-way.
One detail I didn't see, and it's maybe because Im tired and it's late, is the point of impact to the other car. Which part of his car did you hit? Any claims adjuster/examiner worth a damn will want to know this.

If the damage was closer to the front of his/her car, it is more favorable to you. If it's more toward the back, it is more favorable to the other driver. Why?
Because if he pulled out enough to where you hit him/her toward the rear, then s/he was establishing "control" of the intersection.

It's not as easy as this, however, but that's almost what it boils down to.
I hit the other vehicle just behind the drivers door, on the side of the minivan. As far as I see it, he proceeded from behind the building when it was unsafe to do so and was the cause of the accident. I see it as simple as that.
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Old 12-04-2012, 11:05 AM   #3
nookandcrannycar
 
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Quote:
Originally Posted by justjesus View Post
in california, that's fairly typical rates for a bumper replacement (through insurance)

as far as "who's at fault?" goes, that's a question of liability.

The main thing you got going for you is that you were in the "main thoroughfare" part of the parking lot. He was coming from the side. This gives you the right-of-way.
One detail I didn't see, and it's maybe because Im tired and it's late, is the point of impact to the other car. Which part of his car did you hit? Any claims adjuster/examiner worth a damn will want to know this.

If the damage was closer to the front of his/her car, it is more favorable to you. If it's more toward the back, it is more favorable to the other driver. Why?
Because if he pulled out enough to where you hit him/her toward the rear, then s/he was establishing "control" of the intersection.

It's not as easy as this, however, but that's almost what it boils down to.
^^^^^ This. The laws of the road don't officially apply (at least from what I understand) on private property in California, but insurance companies usually loosely follow those rules as a courtesy. I started a post (to edmscan) last night (wasn't able to finish it) and the conclusion i was going to write is exactly what justjesus wrote...that you were on the 'main thoroughfare' of the parking lot and the other driver would need to yield. I would think that the other driver's requirement to yield would be even more pronounced given that he/she was blindly (to you edmscan) coming out from behind the building. I once patronized a 'coffee hut' (originally a photo drop off hut) drive through in a very low traffic one entrance/exit parking lot. I stopped momentarily in the 'main part' of the parking lot to orient my purchases, etc. for a long drive (there were no open spaces in the lot and no other 'car customers' were behind me. A row of cars (the edge of the lot) were just to my right. A sixteen year old girl (had had her license for 1 week) was sitting alone in her parents huge SUV. The rear end of the SUV was only a couple of feet from my passenger door. I didn't know there was anyone in the SUV. She started the SUV and immediately put it in reverse, before I could even honk. Her dad lied to the insurance company (he didn't want even higher rates for a 16 year old). To his insurance company's credit, they smelled a rat, interviewed the 16 year old, determined the dad was lying, and sent me/my insurance company a check. My Aunt knows the family socially, but the family still doesn't know that she is the aunt of the injured party (this was pre Yaris)...so we know all that happened from just about every angle.
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