If someone cuts you off and you don’t brake to avoid hitting them is it your fault or theirs?

Luckily most parking lots have camera surveillance, so the incident would probably be caught on video.

Howsoever, in my state, if an accident happens on private property, the police do not get involved. I was in a car when the driver backed into another parked vehicle. We went into the restaurant and found the owner to give her our insurance information. She insisted on calling the police, who told her they do not get involved in accidents in private parking lots. Interesting.

Anyway, although in the event of your scenario, there may be no police response/report, you would likely have a case based upon your recount on what happened in the "accident", and the damage to the vehicles would probably confirm your statement.

I always inch my way through parking lots because, first of all, I do not want to run anyone over and secondly, people just do not pay attention because they are so preoccupied....especially with cell phones.

My friends and family always laugh at me because I am a cautious driver. Well, guess what? I have never had a car accident that I caused and secondly, my last moving violation was on October 10th, 1988. And, yes, my auto premiums reflect my driving record. YAY!!!

Road courtesy and right-of-way laws don't apply in parking lots. While, yes, technically it would have been his fault and he would be responsible for any damages to both his and your vehicle as far as insurance and repairs go but there would be no tickets, arrests, or anything like that because parking lots are private property owned by the business the lots are for.

I was shocked to learn this the hard way. I'm a truck driver and without giving you the shocking details of the accident and too keep this short(ish) after I parked the truck aside of me went to pull out and hit my truck several times, hit 3 other trucks across the driving lane of the lot, and then hit 2 other trucks as they tried to escape as they sped out of the truck stop.

Although this person hit 6 trucks and fled the scene police did absolutely nothing but create a report of the accident(s) because it was a parking lot which is private property. Even though this person illegally fled the scene of an accident, hit and run, speeding, wreckless driving, etc etc etc police refused to do anything; because they said they couldn't due to it being a privately owned property - a parking lot.

So be extra specially careful in parking lots. Maybe jerks like the guy you experienced knows this and that's why people like him drive carelesly and selfishly like that in parking lots. Or maybe they just don't care.

I definitely don't disagree that it's totally F'd up police can't do anything about illegal driving practices in parking lots. The true fact is it is a person doesn't even need a drivers license to drive a vehicle in a parking lot. The most they could be charged with is trespassing if the property owner wants. It definitely is ridiculous but that's how it is.

Technically it would be his fault but if you got a messed up cop the cop might side with the guy and say you were ‘following too close’ even though you knew you weren’t. Some cops are like that. I Once hit a woman because she stopped for absolutely no reason in gront of me after Pulling out from a stop sign, so when I pulled out from the same stop sign I ended up hitting her. The cop who came didn’t even see it but had the nerve to tell me that he didn’t think I even stopped for the stop sign which I did. Fvck cops, I hate them. And they break traffic laws ALL the time, not using turn signal, following too close to run your plates, etc, and if rhey’re going 120 mph down I-95 endangering everybody’s life to get a pizza, you really think they’re going to get a ticket? Jacka$$es

If you hit him in the side, he would bear some responsibility, if not all. If you hit him in the rear, it's your fault. From the time he made the move to pull out until the time his rear was square to you, you had enough time to react and hit the brake and not make contact.

issue is for a jury to decide

If you hit someone from behind you will almost always be considered to be at fault.

his fault because he didn't have the right-a-way like you did, I have gotten close to getting hit by a car by people trying to cut me off.

If he merged into your lane theoretically it's his fault if you hit the side your fault if you hit the back though either way it's not really your fault but legally speaking it sucks

Completely understand where you are coming from (share the frustration near daily when I drive). That said, my drivers' ed teacher's words come to mind: "Having the right away is a poor excuse for an accident."

Break, avoid and let them go. An accident would be FAR more hassle than proving a point would be worth. You'd have to spend more time with the jerk in court or with his insurance company. You might end up losing (even if you were not wrong). Just not worth it.

In general, it's the responsibility of the car further behind to avoid the accident, but in an egregious case such as you describe, the vehicle in front that suddenly cut in could be held responsible as having done a dangerous maneuver.