Whose is at fault for an accident in a private property parking lot?

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Whose is at fault for an accident in a private property parking lot?

My daughters was driving in the right of way lane when another vehicle pulled out of a parking lot and

hit her car while she was driving. Was she at fault or the other driver and will her insurance penalize her for this when it was not in her control?

Asked on November 27, 2017 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The fact that it was a private parking lot is irrelevant: all that matters is who was negligent or careless. That depends on the facts, of which the key is generally (in cases like this) who is hit whom? If your daughter hit the other car (e.g. T-boned it), she will typically be at fault: the other car would have visibly pulling out ahead of her and she should have stopped in time (which also means she should have been traveling at such safe speed that she *could* stop in time). If the other car hit her (again, basically T-boned her vehicle, hitting it in/on the flank), the other driver will be at fault for pulling out into a car already in his/her way or obviously in the process of crossing his/her line of travel.


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