Who is at fault for accident in parking lot.?

Question

I just backed up into somebody who was parked but not in a parking spot. We didn't exchange insurance. I gave them my name an phone number, but now the lady is saying that she is taking it to the dealership instead of somewhere else? I don't have insurance, and we have not reported it. I know dumb for not having insurance, it just expired 3 days ago- and I haven't had a chance to get a new one. Any advice as far as reporting it, and so on?

Answer 1

Well, if YOU were moving, it's your fault for not looking properly. But there is no way to do a police report, since it was on private property, they don't do accidents in parking lots, they refuse. Only on public property can they take action.

  So, bottom line is, sounds like you're screwed. You had no insurance at the time, and since you were moving, not the other driver, it is up to YOU to control where your car goes,and to look around fully to see where you are going. So sounds like this could be an expensive lesson....wish ya luck!

- The Gremlin Guy -

Answer 2

First thing a parking lot is private property !! Police won't make a report for you or them ! If you had no insurance ? She will have to take you to small claims court for a judge to rule on it .   Your best bet is to try to work with her and reach an agreement with her. Did the police respond ??  I would ask her to take it to a shop you know for an estimate in case it goes to court. Send her a certified letter requesting that she take it to your shop. If she refuses ?  you may not have to pay the total amount, be nice and try to work it out !  It's in your best interest, but don't get screwed in the process !!  good luck !

Answer 3

Depending on the State you are in Laws are different.

If you ,Nor the other person Called the Police and Filed a report of Non Injury accident. And she drove off with just your name and number.  Now she has to sue you for payment of repairs to her vehicle. No report? No witnesses ? Cancel your phone number. Get phone with different company.

Or You have to step up knowing you were in the wrong and pay out of your pocket.

The person that was hit, should never just drive away without insurance information and full name address and phone number. And or Police report that can be picked up the next day at the station after filed by reporting officer.

In Oklahoma Police won't come

In California Police won't come.

In Texas Police will come. ( They know 60% of people don't have proper insurance or Tags so they like to issue reports after.... Tickets, Fines and Impound Cars )

In Dallas County you would have gotten Ticket for no insurance, Car impounded and fines to go with the impound.

Answer 4

You were moving, they were parked.  WHERE they were parked is irrelevant.  You are at fault for this.  

You're at her mercy, completely, if you have no insurance.  Be prepared to pay dealership hourly rates, and pay for a rental car for a week.

Answer 5

you were at fault for this accident because you were the one moving, and she was not.  So, it is your responsibility to pay for the damages.  Usually, your insurance would pay, but since you did not have insurance.... well she can sue you in small claims court for the damages.

She can take it where ever she wants since insurance is not involved.  you can request that she gets some estimates from other places to make sure you're not getting screwed more than you already are.

And, just a side not, police will make reports in parking lots.... some crazy lady backed into my car and the police made a report for me.  I have a copy of it if anyone wants to see...

Answer 6

Well, the lady has put herself in a bad position, because in order for her to pursue you in anyway, she would have to get a lawyer and some witnesses, and at this point it is your word against hers. Not to be on the other person's side, but she should have gotten a police report.  It will be extremely difficult for her to press charges or demand anything from you. This one is in your favor.

Answer 7

You were at fault.  Your vehicle was moving.  She has a legal right to take her car where she chooses to get it fixed.  She does not have to take it where you choose.  She can report you for driving without insurance too.  You need to get some insurance before she does.

Answer 8

Your fault for not having insurance unless you don't need it in your state if it wasn't reported there is not much that can really be done at this point she's at fault to for not reporting it so you both broke the law but do what you think is best but I would get insurance asap

Answer 9

If you were backing, it's your fault.  If you don't have insurance, you should not be driving.  Since you were, pay for her damages.  Report it to who?  The state?  Yes, if the damage was over the minimum for your state and you are required to do so.