Who is at fault on a car accident where a car coming out a parallel parking spot backed into me before I could stop? 13 Answers as of May 19, 2014Her insurance is denying liability in this case. She received an improper backing citation while I received no citations. While I have free legal council (through the armed forces) it still never hurts to get more than one viewpoint on this.
James M. Chandler | James M. Chandler
It sounds like the other person is responsible. If the damages are minimal you could file for damages in small claims court or if damages are substantial you should talk to a personal injury attorney to represent you.
Answer Applies to: California
Kelaher Law Offices, P.A. | James P Kelaher
If she was entering the roadway from a parking spot, then she's at fault. I would think her insurance company would argue that you were also at fault to some degree since you "had unobscured vision and ran into her car"....they'll probably argue you were most likely speeding, hence the reason you couldn't stop in time, etc., etc. Go ahead and sue.
Answer Applies to: Florida
Di Giacomo & Gruss | Christopher Di Giacomo
Based on the facts you presented they insurance carrier for the other driver is full of it. In Massachusetts there are CMR that govern instances of liabilities and how the insurance companies are to deal with them. I know that there is one for such an example that I have used to change a Carrier's mind.
Answer Applies to: Massachusetts
Paul Whitfield and Associates P.A. | Paul L. Whitfield
If you are in NC you both may be found at fault. When you back you have to look, when you drive forward to have to look and be aware of what is happening. You are supposed to see what there is to be seen.and you don't back out of a parallel spot parallel refers to being parallel with the street. You have described something else.
Answer Applies to: North Carolina