Law-Forums.org

[eadweald71]

The other day I was parking in front of my office like I always do. The road is a residential street but can get very busy around rush hour. It was 10 am because I always wait out traffic before I go in. Like always, I pulled up, signaled right, stopped, checked to make sure no one was around me and when I saw it was clear, I started backing into my parking space. There are eight spaces and everyone parks backed in because it is nearly impossible to back out of there at times. Anyway, that is my last memory. When I was at a complete angle and almost backed into my space, I was struck in the drivers side door and front axle by a driver coming from behind. He left forty feet of skid marks and struck me hard enough to knock me unconscious and hospitalize me overnight. Judging from my experience with parking in that space, in that manner almost every day, the driver had to be coming from the bottom of the hill that crests and offers full view of the road ahead about 10-15 seconds before my parking space. The speed limit is 35. He should have been ale to see what I was doing waaaay before he hit his brakes. I was well into my parking maneuver, so he was not right behind me when I started.

Of course, I was driving my brand new 2012 vehicle with very good insurance and he was in a 99 Chevy Ruster with the bare minimum insurance. I thank God he has insurance at all.

My insurance company said that it "looks good" for me based on the details in the police report. His insurance adjuster however called me and said that the other guy doesn't have collision coverage and he wants mine to pay for his vehicle...which I am certain is a total loss. He did 13k of damage to mine and his was in worse shape and very old. I told him to pound salt, that I was hit by his crazy insured. His adjuster asked if I would take 50% of the fault (his adjuster, not mine). He said that backing into a parking space is ilegal. He said i was parking wrecklessly. I explained that the two people for whom i work both drive brand new Cadillacs and i park between them every day. If i was a wreckless parker, they would have my butt on a plate. He said that i have to take half the blame. I told him good luck with that and hung up.

I know he is trying to reduce his company's liability for my damage and injuries, but I still want to know if it is illegal to back into a parking space from the road, provided you don't impede traffic and do everything within reason to avoid causing a problem.


My question is, did I break a law backing into my space? We all do it every day, so I need to know if we are violating the law and making ourselves liable. I have always believed that it is safer to back into a space.

[giulio]

Perfectly legal. Don't even talk to those shysters anymore. They are attempting to trip you up.

[orlondo100]

Even if it were illegal to back into the spot which I don't see a problem with it should come to whoever has the right away of the road which it sounds like you had. I would not talk to his adjuster at all your insurance company should be able to help you out. Or you may need to at least see a lawyer with a copy of the police report so that way you don't get screwed out of any money by these people.

[hrafn]

You were perfectly within your rights to back into the parking space. The other guy was driving too fast, and it seems that he was driving carelessly, too. His insurance company is trying to get you to admit fault so they don't have to pay for your car.

You need to call your insurance company, and tell them about the phone call. If the other insurance company calls you again, refer them to your insurance company. Don't talk to them, or answer any of their questions. Whatever you do, do NOT let them intimidate you into taking any of the blame for the accident. Let your insurance company handle everything from this point on.

[favian]

Hard braking at 35 mph doesn't leave 40 foot skid marks, 50 mph might!

[eoforwic]

Perfectly legal. Ask any Professional driver, it is the preferred and approved method. It is far more dangerous backing OUT of the parking spot.