by Guest » Wed Feb 27, 2013 04:40 pm
Hi there, I have a question about an accident that occured in a gas station parking lot. If I was pulling into a pump station, and the other driver was next to the building, adjacent from where i was pulling in (meaning our line of sight was being blocked by the building from seeing each other) hit me on my passanger side, who would be liable?
I figure I have the ride of way as he was pulling out of a parking spot/gas pump position and impacted me as I was pulling in, however we did not see each other which caused the accident. Damage was minimal and we both agreed to get each others insurance info.
My question is will my premium be increased if I agree to a 50/50 liability claim? or will it be smart to withdraw the claim from his insurance and just pay the 500 deductible and not risk an increase in premium?
I figure I have the ride of way as he was pulling out of a parking spot/gas pump position and impacted me as I was pulling in, however we did not see each other which caused the accident. Damage was minimal and we both agreed to get each others insurance info.
My question is will my premium be increased if I agree to a 50/50 liability claim? or will it be smart to withdraw the claim from his insurance and just pay the 500 deductible and not risk an increase in premium?
Posted: Thu Feb 28, 2013 02:12 am Post Subject:
If you file your damage with your carrier it's not up to you to determine if they seek recovery or not. If they feel that they can/should... they will. If you file with the other person's insurance they will investigate and determine if they owe you anything.
Parking lot accident require a lot of details and in many cases, both insurance companies deny liability. State negligent laws also come into play as in some states 1% fault bars recovery and in other states 51% fault bares recovery.
The thing going in your favor is that it appears the front end of the other vehicle struck the side of your vehicle. This would indicate that the other person had the last clear chance to stop and avoid the accident. You were in control of the area in front of the other vehicle when the accident happened. However... not be much.
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