accident. who's fault

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Old Nov 17, 2005 | 05:41 AM
  #1  
Kwenui's Avatar
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pacifist
 
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From: Jacksonville, FL
accident. who's fault

Hey, I park my car in a no parking zone so no one can park next to it (i have 6 dings on my doors and panels from the inconsiderate and jealous locals). i ve been parking it there for the last 2 months and plenty of other people park in the same no parking areas. well, someone was pulling out of a parking spot and hit my car. bumper damage, rear lip damage, remoulding on the quarter panel. bumper and lip (factory kit) are going to have to be replaced. well the lady that hit me was backing out of a Handicap parking spot..and she's not handicap.

i was illegally parked, not in my vehicle. she was illegaly parked, and when she backed out she hit my car.
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Old Nov 17, 2005 | 06:36 AM
  #2  
BusyShifter's Avatar
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From: Lala land
I don't think it is your fault. Illegal parked or not, she backed out to you while your car was parked. Did you get her information?
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Old Nov 17, 2005 | 07:13 AM
  #3  
HoRRo's Avatar
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From: Ontario
Typically, it does not matter where you are parked. If she hits your parked vehicle, it's her fault.
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Old Nov 17, 2005 | 07:38 AM
  #4  
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Parkinglots are private property and 99% of the time insurance will say 50/50. You pay your damage she pays here. At least in Ontario it's like that.

If it happened in Ontario, she doesn't have to pay you a cent and tell you to claim your insurance, which you won't because it'll 50/50 counts as a fault on your record. Basically sh1t outta luck in parking lots accidents.
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Old Nov 17, 2005 | 07:47 AM
  #5  
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Sorry to say... your car really shouldn't be there in the no parking zone, and there's probably a reason for it - lack of proper space for people to back up? However, the person who hit you didn't have a handicap permit is besides the point. What if a person with a permit hit you while backing up? Then again, since it happened in a parking lot like someone has already mentioned, both parties might be 50/50 responsible.
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Old Nov 17, 2005 | 07:50 AM
  #6  
wesleyl524's Avatar
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I think you should recover the full amount of your damages - F-her.

Get her insurance carrier information;
make a claim directly with her carrier;
if you cant get that info, contact the state DMV and what steps you need to take to get the info
get an estimate of the damage,
hire an attorney, but do not file suit;
get the attorney to write to the "hanicap"'s insurer on your behalf.
agree to settle for the full amount of your damages or otherwise youll pursue a remedy with the Court.

this should not cost a lot in attorney time, just the time to write a few letters.

...a pain in the ass no doubt, but this should work.
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Old Nov 17, 2005 | 09:33 AM
  #7  
GIBSON6594's Avatar
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I think legally your are both responsible for a percentage, but her more so than you
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Old Nov 17, 2005 | 09:51 AM
  #8  
leftride's Avatar
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quit being an ass and parking in no parking zones
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Old Nov 17, 2005 | 09:56 AM
  #9  
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Originally Posted by JTso
Sorry to say... your car really shouldn't be there in the no parking zone, and there's probably a reason for it - lack of proper space for people to back up? However, the person who hit you didn't have a handicap permit is besides the point. What if a person with a permit hit you while backing up? Then again, since it happened in a parking lot like someone has already mentioned, both parties might be 50/50 responsible.
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Old Nov 17, 2005 | 10:44 AM
  #10  
05_TSX_GP's Avatar
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From: Vancouver, B.C.
Originally Posted by TSX6one9
++

and yeah.... to virus7 as well. Stop parking in no parking zone!!
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Old Nov 17, 2005 | 11:47 AM
  #11  
joerockt's Avatar
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From: San Diego, CA
Originally Posted by virus7
quit being an ass and parking in no parking zones
Both of you were wrong, pay for your own damages and stop parking in no parking zones. Suprised you havent been towed...
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Old Nov 17, 2005 | 12:38 PM
  #12  
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funny how this has turned into lol
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Old Nov 17, 2005 | 02:41 PM
  #13  
peter_bigblock's Avatar
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From: WDMIA
I agree with JTso. If it's a no-parking zone because a car would be in the way of people getting into and out of normal parking spots, I'd say at best it's 50/50. Makes no difference if she's in a handicap spot legitimately or not. I feel your pain, I HATE door-dinging dipshits and am always on the lookout for parking spots that minimize or eliminate my door-ding risk, but I don't park illegally because I figure something just like what happened to you will happen to me. Or I'll get towed, during which I'm sure they're not gentle with your car's finish.
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Old Nov 18, 2005 | 12:18 PM
  #14  
Kwenui's Avatar
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pacifist
 
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From: Jacksonville, FL
she was sweet enough to leave her name and number, and her insurance is taking full responsibility. personally i think that if you are parked 2 inches behind someone, blocking them in, and you are in the presidents parking spot, you should have the right not to have ur car smashed into. and in no way was my car restricting traffic flow. its just marked no parking, and 90% of the time there is atleast 3 cars parked in the 4 no parking spaces available.
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Old Nov 18, 2005 | 12:20 PM
  #15  
Kwenui's Avatar
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pacifist
 
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From: Jacksonville, FL
60% of the time it works every time!
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Old Nov 18, 2005 | 01:46 PM
  #16  
TSXey's Avatar
Nick
 
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Originally Posted by Kwenui
she was sweet enough to leave her name and number

Is she good looking?
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Old Nov 18, 2005 | 02:03 PM
  #17  
Kwenui's Avatar
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pacifist
 
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From: Jacksonville, FL
old, chubby, married
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Old Nov 18, 2005 | 09:05 PM
  #18  
jerzpwr's Avatar
Burning Brakes
 
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From: NOVA
no matter where you parked.... its still her fault for hitting you. If it wasnt i would go bash up all the cars out there that are parked illegally. thats my
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Old Nov 19, 2005 | 07:59 AM
  #19  
Kwenui's Avatar
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pacifist
 
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From: Jacksonville, FL
haha, see i feel the same way.

my mom was driving around a narrow corner and she hit a car that was parked 2 and a half feet away from the curb (she took a picture and measured). her insurance had to take full responsibility.
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Old Nov 19, 2005 | 08:08 AM
  #20  
Kwenui's Avatar
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pacifist
 
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From: Jacksonville, FL
chekc this. no matter how stupid the person is in front of you, if you rear end them it is YOUR fault. correct? so if the old lady in front of u decides to slam on the brakes for absolutely no reason, and you end up sitting in her back seat. it is your fault. so it shoud be the same for parking! my car wasnt moving, it didint just appear out of no where!. she had MORE than enough room to get out, she was just being a careless drivier and probably did not look.
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Old Nov 19, 2005 | 08:36 AM
  #21  
vidgamer's Avatar
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From: Georgia
The main thing to keep in mind is that most of these things, even door dings, are not done on purpose. Most of the time.

But in my parking garage at work, they've trained me to not park near the doors; I wonder if that is a strategy, to remove the competition by dinging up their doors until they stop taking the better spots? In this case, they win, I'll walk the extra 100 feet.

(It could be worse. One time they had vandals who were just p-o'ed at the world come through and kick in side panels of many cars for no good reason.)

Parking in a no-parking zone doesn't sound right, but I agree with the point that it doesn't give anyone a license to damage your car! If you're not supposed to be there, then the police can ticket you if they want. That should be it, as long as you're not blocking like someone's driveway, then I think the law of the street might be in order. Although, seriously, much of the time, when I've seen no parking zones on residential streets, it's because they don't want you to park right at a corner (hard to turn and/or see around), or next to a fire hydrant. Or in some cases, because the street's so narrow, they only want you to park on one side. So usually, there's a good reason....
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Old Nov 19, 2005 | 08:41 AM
  #22  
Kwenui's Avatar
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pacifist
 
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From: Jacksonville, FL
TRUE
this was on an army base though
nothing is done with a good reason
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Old Nov 19, 2005 | 09:30 AM
  #23  
narci's Avatar
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From: Vancouver
You better ask insurance if parking lots are considered private property. It's considered parivate property in Ontario and in some states also private property accidents fall into a 50/50 fault accident unless you get one person to admit guilt.
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