Will the insurance on the vehicle I was driving cover my liability? How is “Fault” determined in parking lot accidents like this?
Free Insurance Quote Comparison
Secured with SHA-256 Encryption
UPDATED: Jan 2, 2012
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
Insurance Question from Polk City, FL
Asked on 01/02/2012
Will the insurance on the vehicle I was driving cover my liability? How is “Fault” determined in parking lot accidents like this? The other day my partner and I borrowed her mom's car to go shopping. When we were leaving the store, myself and another car backed up straight into each other. Her mom's car is insured with PIP and liability, but I am not listed as a driver on the car. The driver of the other vehicle is saying this is 100% my fault although we backed up into each other. There was no damage to the car I was driving but there was damage to the car I was in the accident with. I am unsure of how to address this situation, whether I need to call my insurance, and if the accident will be found 50/50?
Answer given on January 02, 2012
Normally, in auto accidents where fault can not be determined, the insurance on the car you were driving will pay for any damage to that car (in this case none) and the other driver’s insurance will pay for their own vehicle. Since there was no injury, we do not have to worry about medical cost. Most insurance adjuster will rule this as a 50/50 accident unless a witness says something to the contrary. Normally in a private parking lot, police do not get involved. The fact that you were not on the insurance is not a factor. In most states, the insurance follows the vehicle. Therefore, you were using her car with permissive use, so the insurance on the car would be primary. Did any one happen to take a picture of the position of the vehicle perhaps with a cell phone to show that each car was out of its parking space and the positions in the accident? If so, you can always use that to prove that both of you were equally at fault. You also had a witness in your car that can confirm your side of the accident. Enlist his/her help if necessary to talk to the insurance company.
IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and FreeAdvice.com AS IS. It has not necessarily been reviewed by the management staff of FreeAdvice.com nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although FreeAdvice.com has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on AttorneyPages.com to represent you.