Insurance/Accident Advice - Lawyer?

[Mike K]

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?

[kingjason]

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.

[Mike K]

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.

[SS Junk]

Get a dash cam from here on out.

[inline 6]

Oh you're one of those guys who has to "back in" every time they park.

[Craizie]

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.

[Mike K]

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.

[jammeejamm]

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.

[Captain Crawfish]

Pay deductible get it fixed be done. Watch for people in a hurry they are everywhere! Lawyer isn’t 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

[Chili]

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).

[Chili]

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.

[Big Dad]

I have zero deductible .. been on my policy since the 80's , costs me 8 bucks extra a month

[GE]

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.

[Nash B.]

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.

[Shaggin Wagon]

Judging by the damage, you turned into her as she passed. Like someone said, you went into on coming traffic and abandoned your lane.