Parking lot accident

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jan 8, 2013

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Insurance Question from Lafayette, LA

Asked on 01/08/2013

Parking lot accident Owner of the vehicle1 was on the passenger side of the vehicle1. While leaving parking lot vehicle1 was backed into by vehicle 2. Owner of vehicle 2 stated he didn't see vehicle 1. Vehicle 1 is covered by only liability. Driver of vehicle 1 is a licensed driver. Vehicle 1 was damaged. How does the owner of vehicle 1 need to proceed ? How does the driver of vehicle 1 need to proceed against the owner of vehicle 2 who is at fault and has provided all his insurance information? No police report was made.

Answer given on January 15, 2013

If you were struck by another driver in a parking lot while they were backing out of a parking space, then the driver who was backing is considered to be at fault for the accident.If you have the insurance information for the other driver, you should call the insurance company to file a claim. The other driver needs to report the claim to his insurance company too, but they will contact the driver if it has not yet been reported. After information is taken from the other driver and you, then the insurance company should set up a claim and work with you to fix the damages to your car. There is no deductible for this claim, so the insurance company should pay in full for the damages, up to the actual cash value of the car that was damaged. They should also pay for a rental car, if needed while your car is being repaired.

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