QUESTION
Who is at fault on a car accident where a car coming out a parallel parking spot backed into me before I could stop?
Asked on May 04th, 2014 on Personal Injury - Michigan
More details to this question:
Her insurance is denying liability in this case. She received an improper backing citation while I received no citations. While I have free legal council (through the armed forces) it still never hurts to get more than one viewpoint on this.
11 ANSWERS
Ronald A. Steinberg
If you had the right of way, then you should win.
Answered on May 09th, 2014 at 5:50 PM
Michael J. Breczinski
The other party is liable.
Answered on May 08th, 2014 at 9:48 PM
James Eugene Hasser
If you had the right of way and she backed into you, she would be at fault.
Answered on May 06th, 2014 at 10:37 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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The person coming out of the parking spot is usually at fault.
Answered on May 05th, 2014 at 10:34 PM
Edwin K. Niles
Yes, it sounds as if the other party is at fault. But insurance companies will do whatever they can to defeat a claim.
Answered on May 05th, 2014 at 3:50 PM
It sounds like the other person is responsible. If the damages are minimal you could file for damages in small claims court or if damages are substantial you should talk to a personal injury attorney to represent you.
Answered on May 05th, 2014 at 2:05 PM
3 Awards
Backing car is at fault unless you were driving at an unreasonable speed or backing car had established itself in lane prior to collision.
Answered on May 05th, 2014 at 11:02 AM
If you had the right of way, which sounds reasonable, the other driver would be at fault.
Answered on May 05th, 2014 at 10:20 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If she was entering the roadway from a parking spot, then she's at fault. I would think her insurance company would argue that you were also at fault to some degree since you "had unobscured vision and ran into her car"....they'll probably argue you were most likely speeding, hence the reason you couldn't stop in time, etc., etc. Go ahead and sue.
Answered on May 05th, 2014 at 10:07 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you are in NC you both may be found at fault. When you back you have to look, when you drive forward to have to look and be aware of what is happening. You are supposed to see what there is to be seen.and you don't back out of a parallel spot parallel refers to being parallel with the street. You have described something else.
Answered on May 05th, 2014 at 10:04 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally she would be at fault from your description.
Answered on May 05th, 2014 at 9:54 AM