Hi everyone,
I would appreciate your ideas regarding the following situation:
My son had a car accident last week in a nearby WalMart parking lot (Dallas, Paulding County, GA). He was driving down a parking lane and hit a car which came out of nowhere cutting across the aisle. Both vehicles had extensive damage (front of the vehicle on our car, and driver side on the other car). There was a gentleman who saw everything and called 911. The sheriff’s deputy arrived at the scene promptly. He explained there would be an accident report, but since this happened in a private parking lot, he was not in a position to state who was at fault. I got the report the other day and it states the facts about the accident and gives the contact information for the witness. I have spoken with the other driver’s insurance company three times and I just found out that their claims rep has determined that my son was at fault, so they have denied my claim. The claim with them was actually originally filed by the other driver. I politely asked to speak with a supervisor and was advised that I should expect to receive a call from a supervisor soon.
I did not get a chance to talk to my insurance rep after I found out the other insurance denied the claim, but I am not sure if there is anything my insurance can do for us, especially given the fact that we only have liablity coverage on this vehicle (no collision coverage either).
I think it is really outrageous how they could claim my son was at fault, if all evidence points to the fact that their insured was driving across the parking lanes and obviously did not see our car. I cannot find anything online (like traffic regulations) that explicitly says that the driver cutting across the parking lanes is at fault if there is a collision, but I think it is common sense that this should be the responsible party!
If anyone has had a similar experience, or has any suggestions, your help will be very much appreciated!
Bobby, do you know of a website where I can get something in writing that the driver going across the parking row is at fault?
My insurance has asked for the WalMart video recording, but you are right – it wouldn’t hurt if I try to get a copy of it too.
Thanks so much!
mysticmoonprincess01,
Thanks a lot for the detailed info!
It all sounds real discouraging, though…
BUT – I will try to fight it with their insurance co., because it would cost at least $2K to get the car fixed and it’s just not right that I would have to pay that! I think if I let go now, that would mean that I am accepting their “verdict”…
Update 1/23/2010, 1:50 p.m. EST
Thank you all for your feedback! I am especially thankful to the professionals who responded! All great info!
Yes, I meant to say he was the driving in a DRIVING lane (in between two parking rows). It gets confusing with all those terms… He was getting ready to find a parking spot.
I will go to the WalMart store today to ask for a copy of the video recording. A picture is worth 1,000 words ?
I will also ask them to show me what they have along the lines of “driving rules” in their parking lot. They HAVE to have something, right? They may have adopted the state or municipal rules of the road.
I can understand how both drivers are usually held at-fault for these accidents. I don’t have a problem admitting that my son may have a share of the fault, but I don’t think that would be more than 5% (five percent). (to be continued…)
Update 1/23/2010, 1:50 p.m. EST Continued:
Regarding the “impact points” ? my son’s car “T-boned” the other car. Our damages are all over the front of the vehicle (the bumper cover broke up, the headlight units are broken, the hood is bent, etc… and there may be “invisible” damages that may come up as we start repairing the car). The other vehicle will most likely be totaled because it was an older vehicle (1994), and the diver side doors (front and rear) were completely destroyed.
I just found out yesterday that the other insurance denied my claim, and the rep I spoke with did not see anything “in the file” that explains why the claim was denied. The claims adjuster appears to be out of the office till 1/28, so I asked to speak with a supervisor. The supervisor is supposed to call me soon (didn’t happen yesterday, and I’ll wait till Monday afternoon, and will call them back). (to be continued…)
Update 1/23/2010, 1:50 p.m. EST Continued:
I have talked to my insurance a few times and the last thing I heard was that they had requested the video tape from WalMart. The rep has been very helpful so far, but it seems to me it will be ultimately my responsibility to prove the other insurance wrong.
At this point, there is no doubt as to “how it happened”. The other driver was clearly cutting across the parking & driving lanes, and my son was going straight in a driving lane (this is described in the police report, which is based on the witness’s story, and we should be able to get the video). Given the mechanics of the accident, I hope it is “common sense” that the other driver has all or the majority of the fault. The problem is – can I base my case on “common sense”?
THANK YOU ALL !!
#1 by david on April 29th, 2011
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oh no a Georgia driver,you know we can drive worth of crap.
#2 by Bobby T on April 29th, 2011
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Contact your insurance Carrier. Since it would fall to them to pay if you son was at fault it would benifit them to fight for you. Past experience shows you should be correct that the crossing person should be at fault or there would be no reason to put spaces and rows in the lot. See if your Wallmart has lot video to back up your claim, Walmarts in this area does have video in the parking lots primarily to catch shoplifters but they video the lots 24/7.
#3 by mysticmoonprincess01 on April 29th, 2011
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Joana, I had a similar situation with my son in the high school parking lot and the other students insurance company denied our claim for the damage on my son’s car…it was the other student’s fault and my son had 3 witness’s…unfortunately the issue was that the parking lot was private property…we had to suck it up and fix our own vehicle…your problem is private parking lot and you only have liability…if you continue to make waves you may be forced to fix your car and the other person’s car…however, if you want to try and fight it, you may contact the witness first and have them do a written statement and take the people to small claims court or court but then you will have to pay for lawyers and it may not be worth it.you can also have your insurance company fight it with theirs..it is all a real hassle..oh and if you win in small claims court chances are you may not get a cent anyway and like here in Texas, the courts don’t force those people to pay you even if you win the case….have your son carry a recorder in his car so that if there is a next time he can get any statements from witnesses or the other person involved and always call the police for a report….sometimes there is no justice for innocent people and they end up getting screwed like we did…sorry for the language.Just look at the bright side that your child didn’t get hurt…
#4 by Linda on April 29th, 2011
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even if you couldn’t talk to your insurance rep there are computer records that pull up your file and everything is recorded. there must have been a animus conclusion that your son was at fault when reading the police report. and both sides of the stories were documented. if you are adamant about your son not at fault call your insurance co. have them pull up the claims report and find out what was the reason your insurance co. agreed with the other insurance co. if you feel your son was in the right i suggest to take them to small claims court with all of the documents and have your case prove right and have the Other party pay court cost on top of car damages.
#5 by shjf47 on April 29th, 2011
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I hope you wanted say your son was driving down a driving lane and not driving down a parking lane. It is very important. I believe should take the other driver to small claims court. Attorneys are not needed, you only pay a filing fee. Speak to your wittnesss and inform him what you intend to do. You should have the court issue a supina to be sure the wittnes goes to court. Make an accurate diagram of the parking area where the accident happened and write a description of the accident. Your son needs to sign the description. The description should not say “my son was in an accident” It should say “I was in an accident” As far as regulations regarding driving in parking lots the are none.
#6 by fighting saints on April 29th, 2011
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I hate Walmart parking lots. Our claim adjusting company covers a territory with 5 Walmarts and there seems to be an accident in at least one of them every week.
Assuming your son was driving in a “driving lane” designated for driving between two rows of parked cars the other driver should be the majority of fault if they were driving across the parking spots.
In GA both drivers can be held partially at-fault for an accident and the vast majority of parking lot accidents are partially both drivers fault. In GA if you are considered 50% or more at fault then you can’t collect from the other driver. If your son is considered 30% at-fault then he can collect 70% from the other company. Even if he was driving legally in a driving lane your son still has a legal duty to be on the lookout for idiots. So if your son could have seen the other car but didn’t then he will be partially at-fault.
When a driver cuts across parking spots they normally have the majority of the fault depending on the impact points on the two cars. So giving us details like impact points might get you a more helpful answer.
When the other company denied your claim they had to give a specific reason for that. Discuss this with your own insurance regarding how to fight this. They will have much more info than any of us who answer this question. Even though you don’t have collision coverage your company has a vested interest in this investigation because if your son is at-fault they will have to pay the other driver.
Good Luck