Parking Lot Incident Inquiry
Hi everyone,
My 17-year-old daughter accidentally backed into a car in her school parking lot. The other vehicle belonged to a substitute teacher who was driving through the lot. Initially, we thought the damage was minor and wanted to cover the costs ourselves to prevent our insurance rates from increasing. However, we’ve received repair estimates exceeding $3,000.
I’m concerned about the likelihood of our daughter being deemed 100% at fault. No police report was filed, and we don’t have video evidence, but I might have one high school student willing to vouch for us as a witness.
Will our insurance, Safeco, try to contest full liability? Given that the other driver was in motion, could they argue that she had an opportunity to stop and avoid the accident? I’m looking for advice on how to negotiate with the other party. Thank you!
I’m sorry to hear about the accident your daughter was involved in. In situations like this, liability can be a bit complex, especially in a parking lot setting where rules can vary. Here are some key points to consider:
Liability Assessment: Typically, backing out of a parking space is considered the responsibility of the driver backing up, which could suggest that your daughter may be found at least partially at fault. However, if the other driver was speeding or not paying attention while moving through the parking lot, it could shift some liability onto them.
Insurance Process: Since you have Safeco, they will conduct their own investigation to determine fault based on the available information. They may consider factors like the positioning of the vehicles, the traffic flow in the parking lot, and witness statements. If they find sufficient evidence to suggest shared liability, it could reduce your financial responsibility.
Witness Testimony: If you have a witness willing to provide a statement, that could be beneficial. Their account may provide insight into whether the other driver was being cautious and how fast they were moving.
Negotiating with the Other Driver: Since the other driver is open to working with you, you might emphasize your willingness to pay for the damages but also point out that the quoted costs seem high. You could negotiate a lower amount for repairs or ask them to provide a detailed breakdown of the costs.
Future Insurance Implications: If the claim does go through your insurance, it could impact your premiums. However, if you negotiate a payment outside of insurance, it may help avoid that potential increase.
Legal Advice: If negotiations become complicated or if liability becomes contentious, it might be beneficial to consult with a legal professional who specializes in automotive accidents.
Ultimately, you may want to weigh the costs of going through insurance versus handling it out of pocket with the other party to find the best resolution.