Could the accident be my fault if there wasn't enough room for the other driver?

Question

I was leaving my fiancé’s work last Friday to go to work like I go every day, I was sitting in the first entrance/exit to the building (There are 3 entrances at the front of the building for cars) the one I was at was an in/out the other 2 are entrance only, so I had to go out of that one because it’s the only one that allows cars to exit. 

I was waiting for cross traffic before I could turn left onto the main highway when one of my fiancé’s co-workers came pulling up to the same entrance/exit I was at, she stopped, apparently because I was a little far left she could not get her Honda past me to get in (I was in a scion TC).  She stopped for a minute, turned her wheel and stepped on the gas HARD, she slammed into my door causing me to hit my head and black out, when I came to my car was rolling forward so I put it in reverse and backed up a little so I didn’t go into the street.  At the scene she told me (along with 4 other people including the cops) that her foot slipped off the break causing her to hit the gas full throttle and hit me, she apologized numerous times. Unfortuantley it was private property and the cops were unable to take a report, which is why we are having a battle with the insurance company because she is claiming the accident is my fault.

2 days later we get a call from the insurance company saying that the other party is claiming the accident was MY fault because I was “too far over not giving enough room for another car”, I responded to that by saying I didn’t notice at the time how far over I was, however, there are 2 other entrances to the building that she could have used if she felt there wasn’t sufficient space for her car.  My fiancé overheard her co-worker telling another co-worker “It’s his f’ing fault for being too far over, if he wasn’t taking up the space I wouldn’t have hit him, I hope the insurance company faults him for it and not me”.

I see two problems with this and it leads me to my question, 1.) Is me being too far over while waiting for traffic to pass illegal? I wasn’t parked INFRONT of an entrance but I was waiting in it to get out of the parking lot. 2.) if she stopped and noticed there wasn’t enough space, then gunned it anyways (even though she’s claiming her foot slipped off the break) isn’t it her fault automatically for not using a separate entrance?  And finally, 3.) Is it true that if you are stationary, anyone that hits you is automatically at fault? That was my understanding since I wasn’t moving and wasn’t blocking an intersection.

XTL Bowflex · Accepted Answer

I had to read your predicament over a few times to really  understand what had happened.
 With everything considered and your car not moving, the fault lies in her lap as" inattentive driving". That would be my best assessment. How unfortunate!
 When I was very young, a drunk driver hit me and shoved me 60 feet into a tree. To make a long story short. I had learned years later that their was talk of my trauma being partly my fault for being there in the first place.
    My case was settled out of court.    This justice system sure likes to screw people sometimes.

Laura W · Answer

She was completely at fault for this accident. She tried to pass you while you were waiting for a moment to make your turn safely. And the foot slipping, that's just bs... most of the time if a foot slips off the brake pedal, ít won't land on the gas pedal hard enough to make any type of impact when it hit your vehicle. She was just being impatient. Did you have any witnesses at the time of the accident? Don't worry. Insurance companies are used to seeing all types of accidents, and can usually correctly place blame on the person at fault. Good luck, hope you weren't hurt...

Todd L · Answer

It is 100% her fault for hitting you.  If I were you I would claim that there was in fact enough room but due to her foot slipping off of the brake and her flooring it caused her to go too wide and hit your car.  If you are stopped 99% of the time it is the other car's fault.  Do not even say that you may have been blocking her way.

Magz™ AMCNAS leader · Answer

1. Depends on what state you live in...In my state all parking lot/private party accidents are "no fault" so everyone fixes their own car.

2. Need a diagram to see exactly where everyone was.

3. the police should have taken a report anyway, even though they could not issue any citations.

4. You can sue her for the damages to your car in a civil court/small claims court.

BarbiMedik · Answer

first of all you should have taken pictures with your phone if you had one ... if not get a disposable and keep it in your car for the future ... second whether or not you were over a line SHE hit you ... as you stated she stopped and should have pulled forward slowly to make sure she could make it and if she couldnt she should have wiated for you to move ... were you waiting for traffic to clear before pulling out or just waiting? if she doesnt have pictures showing you were over the line she is still liable as she HIT you ... did you get names of witnesses (always do that) stand up for your self she sounds like an f*ing b*tch!

george 2 · Answer

find out the name of the cop who was at the accident scene and report his or her name to your insurance company. they will ask him about it and if he tells them that the other driver admitted it was her fault then you will be cleared.

Anonymous · Answer

You were stationery, and she should have been watching where she was going.

If it was your fault, why did she apologise so many times??


It was clearly her fault, she should have been more careful of where she was going. You were there first, and what you were doing was not dangerous or reckless.

What she did, however was.

Anonymous · Answer

It was totally her fault, you were sitting there and she hit YOU.

Trending News

Could the accident be my fault if there wasn't enough room for the other driver?

8 Answers