Parking Lot Traffic Laws

[Linton]

Hey Kevin, yesterday I was backing out of a school parking lot & as a cautious driver, checked rear windows, blind spots, in front & beside me. There was no one near me & no one leaving the lot behind me. I slowly made way backing out & checked once again, still no one. I began to back out completely & suddenly heard a "thump", obviously hitting something. I got out of the vehicle & said to the guy "I checked before I moved & no one was there, you must've pulled up as I was backing out! I'm sorry..etc." I also asked him why he didn't honk at me & he responded with, "It's alright, I wasn't even paying attention. I was putting a dip in." He then went & kicked the rear of his car, said he "didn't care", "f**k it" & left the scene without exchanging information with me nor making any attempt to verbally figure something out. There is no damage to my vehicle but there is a heft dent on the edge of his hood. I got his number because he used to be a friend of mine & apologized again. He said he doesn't want to go through insurance but the damage will cost about 2-3 hundred dollars so he wants me to split the cost with him & pay 150. I can't prove that it wasn't my fault so is it best that I just get it over with under the table? Or should I fight for my stance?

[watson]

Kassidy,

As a general rule, the person that is backing out of a parking spot has the duty to make sure the path is clear. It would seem like there is a greater responsibility on the person who actually is in the best position to avoid the accident but that is not always the case. A couple of things to consider: If you decide to "fight for your stance", you might not win and rather than being out 1/2 of the cost, you might be liable for the entire amount. If you turn it in on your insurance, you probably have a $500(or higher) deductible for damage to other vehicles and they wouldn't cover anything anyway if the damages were this minor. Strictly from a financial standpoint, the $150 may be the best option just to have it go away. Make sure you get him to sign a full release of indemnity in exchange for the cash. That way you won't have him show later for more money. Hope this helps.

Kevin Hromas

JD, EGA, RPA, PLCS, HCRI-R/C, CPIU, WIND® Umpire

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