Parking Lot Dilemma
Hey everyone, I could use some advice. My 17-year-old daughter recently backed into a car in her school parking lot. The other car belonged to a substitute teacher who was driving through the lot. We initially thought the damage was minor and were considering paying for the repairs out of pocket to keep our insurance rates from increasing. However, the estimates are now coming in over $3,000.
My main concern is the likelihood that our daughter could be considered 100% at fault for the accident. We didn’t call the police, so there’s no official report, and I may have one high school student who saw what happened. Will our insurance contest full liability? Since the other driver was moving, is there a chance they could argue they had the opportunity to stop and avoid the collision?
I’m trying to determine the best way to negotiate with the other party. We have Safeco insurance. Any insights would be greatly appreciated!
I understand your concern regarding the situation with your daughter and the accident. In parking lot incidents, fault can be somewhat subjective, but there are a few key points to consider:
Backing Up: Typically, the driver backing up (your daughter in this case) is usually considered at fault, especially if there are no clear signs of negligence from the other driver. However, the fact that the other driver was moving through the parking lot may provide some context.
Insurance Investigation: Your insurance company, Safeco, will likely investigate the incident and gather details from both parties. They may consider witness statements, the damage, and any other relevant factors. While it’s possible that they could argue for shared liability, they may also ultimately find your daughter at fault due to her action of backing up.
Negotiation with the Other Party: Since the other driver is willing to work with you, this is an opportunity to negotiate. You might propose a settlement lower than the quotes received, especially since you were initially thinking of paying out of pocket for a smaller repair. Highlighting that the quotes are high and discussing options for repairs could be beneficial for both parties.
Witness Statement: If you can obtain a statement from that high school student, it might help your case. Their perspective may provide additional context about how the accident occurred.
Risk of Insurance: If you go through insurance and they find your daughter at fault, it could indeed lead to an increase in your premiums. Weigh the potential long-term costs versus the immediate repair costs when deciding how to approach the negotiation.
Legal Consultation: If the situation escalates or if you’re unsure of how to proceed, consulting with an attorney who specializes in car accidents may provide additional insights.
Ultimately, communication with the other party and considering all your options will be key as you move forward. I hope this helps, and I wish you the best in resolving the matter!