If my car rolled in park and bumped a lady, who is at fault?

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If my car rolled in park and bumped a lady, who is at fault?

I ask this for my mom who, without prior knowledge of the park gear being faulty, exited the vehicle at a senior drop off with a city van. At that point ,a rather spiteful lady claimed injury when the car bumped her leg never hitting the van. A city worker intervened to slow the car to a stop. 2 years later the lady has hired an attorney to sue my grandparents whose name the car and insurance are in. I need to know what to do. I understand her side but this is greed, no serious injury was sustained. I’ve gave you information based on my best knowledge of this incident.

Asked on August 12, 2012 under Accident Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your mother forget to put the car in park and/or to set a parking brake, it would likely be her fault. If she did everything right but the problem was a defect with the car (and she can prove or show this)--which defect was not due or existing due to her failure to bring the car in for maintenance or repairs--then she should not be liable, or at least could seek to recover any payments or costs from the dealer or manufacturer.

The allegedly injured woman has to prove the extent and cost of her injuries, by the way, to recover anything. Even if your mother were at fault, this other person can't simply sue for any amount she likes; rather, the amount she could possible get is related to the extent of her injuries, the cost of any medical care, any lost wages, etc.


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