Car accident in Parking Lot?

Question

Hello everybody!

I live in Ohio.

I was parked on a street mall angle parking lot with white arrows showing the direction of allowed travel in each lane. Before I was going to pull out (backing up), I looked in all directions (no cars were approaching) and proceeded to move, when all of the sudden I felt an impact. It was a laddy driving the wrong way. My car was impacted on the right corner of the rear bumper. Her vehicle was impacted where the right rear quarter panel meets the bumper. I called the police, but they told me they will not come to the location because it was on private property and there was nothing they could do there. I called my insurance which happens to be the same insurance as the laddy. I took some pictures even showing the arrows and the position of the vehicles. The claims department is saying that probably I will end up with all the fault, stating that I should make sure no cars are coming.

Thank you for your input.

Answer 1

Weird that the cops wouldn't come. I live in Ohio, too and a couple of months back, my son (who only had his permit at the time) and I were sitting in line at the gas station (private property) when the fuel truck caught my bumper. It ripped it off and dragged my car 2 feet. We called the police and they came. Said they couldn't do more than write a report for our insurance companies, but they at least did that.

Answer 2

call geico/different ins co.

Answer 3

Police are correct, they have no jurisdiction on private property.

I would think that your claims adjuster needs to take another look at this claim.  Yes, you do have a responsibility when backing yet she also has a responsibility to adhere to parking lot rules just as she would on the road.  If I were the adjuster in your case I would probably say comparative negligence 50/50.

Answer 4

Since you both have the same insurance company and it was a parking lot incident, the insurance company will probably say you are both at fault and you'll both be stuck paying your deductibles.

Answer 5

friend you have a bad deal and i would fight it yes call a lawyer and do not pay till he tells you to and i would fight the police as well who knows that lady could of had a hart attack and they would not come out and then there  is your safety well you do not know if she had a gun or pepper spray and the left you there alone  a call for help is a call for help and the (pigs)police should move there back sides and do the job......

Answer 6

Why worry about fault ?  Your car will be fixed no matter who is to be determined to be at "Fault".  The worst thing that could happen is you have to pay a deductible and your rates may go up a bit for a while.  Be glad you both had insurance

Answer 7

Sorry, you're at fault and will pay for this.  The law is clear that the person backing must not proceed until the way is clear.  It doesn't say "Unless, of course, someone is going the wrong way, and then it's okay to hit them."  That's why you always look BOTH ways no matter what.  It also doesn't say "If a car is illegally parked, it's okay to hit them" either.  The burden is on you since you are the one backing.