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Old 01-12-2018, 03:38 PM   #1
Mike K
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Default Insurance/Accident Advice - Lawyer?

Last week the wife and I were going out to eat. Found a parking spot, so I pulled toward the parking spot, then turned away to line the back of the truck up to the empty parking spot. As I did that the lady in the white escape behind me got impatient and tried to go around me and ran into my front right wheel/fender.

My insurance (USAA) is saying that I was partially at fault for not making sure the area was clear before turning and that I am 40% at fault and I will have to pay 40% of my deductible. Now, this isn't final, they still have to get with Geico (the other person's insurance) to work out the final number, so that may change. This accident was 10 days ago and they are still 'getting with Geico to work out the final details.' There were no witnesses, just her word versus mine and the pictures I provided to the insurance company below.

I don't think I am at fault because it was my lane and I was the one positioning my truck to park, but I don't know traffic laws. Am I being unreasonable? Should I contact a lawyer, and if so, anybody have a recommendation?



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Old 01-12-2018, 04:00 PM   #2
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I would say that lady pulled a dick move and for sure her fault 100 percent if I wrote it up but insurance companies don't follow our reports 100 percent anyways anymore. The only grey area is the impact damage on her car is past the front quarter, so she was passing you when you hit her. It is a parking lot and generally we don't mess with those barring injury or major damage as a lot of things don't apply to parking lots. The law actually says if it is gated it is private but either way it just depends on the agency.

All that being said, it is your agency telling you it is 40 percent. Depending on your deductible I am not sure a lawyer would be worth while. A lot of them do free consultation but they are looking for injuries. Lawyers fees can jump quick and if you lose you are stuck with the fee and the 40 percent of your deductible. I am not sure when they started splitting claims like that but I have seen more and more of it.

Oh and technically, if you want to claim that as a roadway, you are not supposed to back up on a roadway, and or you were going the wrong way at some point.
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Old 01-12-2018, 04:09 PM   #3
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The deductible is $1,000 and thanks for the input. I'll make an appointment with a lawyer and see what I get out of the free consultation.
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Old 01-12-2018, 04:14 PM   #4
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Get a dash cam from here on out.
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Old 01-12-2018, 04:19 PM   #5
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Oh you're one of those guys who has to "back in" every time they park.
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Old 01-12-2018, 04:28 PM   #6
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Oh you're one of those guys who has to "back in" every time they park.
I wont back in if anyone is behind me, but it is a lot easier to pull out if you backed in.
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Old 01-12-2018, 04:29 PM   #7
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Get a dash cam from here on out.
No... shit! I got a ticket in Garland for running a red light that was yellow and I told myself that I was going to get one and still haven't.

On a side note, I just started a new job this week that comes with a company vehicle that has a dash cam in it.
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Old 01-12-2018, 05:11 PM   #8
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your own insurance already has you forty percent at fault from your statement. geico is going to contact their insured and she is going to say you are at fault according to her version of the event. geico is likely going to tell usaa they want one hundred percent of their insured damages covered.

you opened a claim with usaa either way and now have a risk assessment. your rates may go up because they will likely pay something to geico after subrogation.

take your medicine and deal with the forty percent. it was a parking lot, so maybe be happy they are only making you pay the forty.
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Old 01-12-2018, 09:03 PM   #9
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Pay deductible get it fixed be done. Watch for people in a hurry they are everywhere! Lawyer isnít gonna do shit with that your both at fault her for not waiting you for not seeing the bitches dumb move. Build a bridge get over it
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Old 01-12-2018, 09:38 PM   #10
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Not trying to be a dick but in my opinion you were at fault.. Maybe not by traffic code (does that apply in a parking lot?), but from the way it looks in the picture and diagram I would say you abandoned your lane and gave up the right of way to her when you crossed over closer to the space, into the oncoming lane.

At that point, for all she knew you were stopping to drop someone off, or load something, but once you left your lane, I think it was up to you to ensure the lane was still clear when you reentered it. Based on where you hit her, either she was really hauling ass, or you weren't looking (maybe looking in your rear view to line up?).

IDK, again, not trying to be a dick, just an unbiased opinion for perspective.. And it really isn't worth a whole lot anyway (my opinion).
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Old 01-12-2018, 09:42 PM   #11
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Get a dash cam from here on out.
Completely agree. Leah and I have both had them for a while. Cheap insurance! Mine was $50, or 1/5th of my deductible.
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Old 01-12-2018, 09:49 PM   #12
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I have zero deductible .. been on my policy since the 80's , costs me 8 bucks extra a month
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Old 01-12-2018, 10:08 PM   #13
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40% of your deductible? Unless you're on some sort of weird special program, you typically pay the full deductible. But like my carrier, has a vanishing ded of sorts. Each year I don't use my Collision coverage, I earn $100 towards my ded, up to $500. So now I'm pretty close to being at a $0 again.

I don't think a 60/40 liability assessment is unfair. You have a duty when changing lanes and/or backing up to make sure that the area is completely clear before doing so. IMO, people in trucks who make that quick juke to the right and then full on back up to the left make Wayne Brady want to choke a bitch.
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Old 01-12-2018, 11:00 PM   #14
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If you were moving (forward?) at the moment or right before she hit you, I'd say you're partially at fault. If you were stopped, I'd say all on her.
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Old 01-12-2018, 11:02 PM   #15
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Judging by the damage, you turned into her as she passed. Like someone said, you went into on coming traffic and abandoned your lane.
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Old 01-13-2018, 06:57 AM   #16
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Learn how to park. I don't understand why people think they have to back in, are you robbing a bank?
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Old 01-13-2018, 07:28 AM   #17
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Insurance is a scam. Not that it can be proven, but did you signal, and were you in reverse or moving forward at impact. If it was obvious you were going to park and she plowed into you, then I say her fault. The fact that you abandoned the lane and came back is an issue.

I'm not one of those guys that says don't back in, but if you're going to do it, you shouldn't swerve across the other lane and back like that to make it easier. That will prevent it all together.
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Old 01-13-2018, 07:31 AM   #18
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I always back in first and get it over with, it’s either back in then or back out later. Interesting tidbit I’ve noticed is men tend to back into driveways and such, womenfolk not.
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Old 01-13-2018, 08:02 AM   #19
Mike K
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Quote:
Originally Posted by Chili View Post
Not trying to be a dick but in my opinion you were at fault.. Maybe not by traffic code (does that apply in a parking lot?), but from the way it looks in the picture and diagram I would say you abandoned your lane and gave up the right of way to her when you crossed over closer to the space, into the oncoming lane.

At that point, for all she knew you were stopping to drop someone off, or load something, but once you left your lane, I think it was up to you to ensure the lane was still clear when you reentered it. Based on where you hit her, either she was really hauling ass, or you weren't looking (maybe looking in your rear view to line up?).

IDK, again, not trying to be a dick, just an unbiased opinion for perspective.. And it really isn't worth a whole lot anyway (my opinion).
I was wondering if the insurance would view it from the standpoint of me leaving my lane and re-entering, but keep in mind my drawing isn't to scale and I don't know if where we were at was considered a road or a parking lot. So I wasn't sure what rules would apply.

And yeah, she must have gunned it once it was clear. She hit us pretty hard and where she is sitting in the pictures is where she finally came to a stop.

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I have zero deductible .. been on my policy since the 80's , costs me 8 bucks extra a month
I've had my policy at $1k because I worked overseas so much. At $8 a month, I've saved $1,500 so far. What insurance do you have? I just quoted the difference between a $1k deductible and going to $0 (collision and comprehensive) only on my F150 and my policy would go up $57 per month.

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Learn how to park. I don't understand why people think they have to back in, are you robbing a bank?
It isn't about learning how to park. It makes things infinitely better when pulling out of the parking spot.
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Old 01-13-2018, 08:15 AM   #20
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Fuck you for being a backer inner. 100% your fault.
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I want to like Slow99 since people I know say he's a good guy, but just about everything he posts is condescending and passive aggressive.

Most people I talk to have nothing but good things to say about you, but you sure come across as a condescending prick. Do you have an inferiority complex you've attempted to overcome through overachievement? Or were you fondled as a child?

You and slow99 should date. You both have passive aggressiveness down pat.
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