parking lot liability question...

here's an interesting legal one. i'm sure i'm out of luck but i thought i'd give it a try. i was parked in a private parking lot and another driver backed into my bumper and left. as i looked at the lot configuration when i return, i realized that the space that i pulled into is in a really bad position. because the rows are angled to eachother, there was very little room for the opposite driver to back out. in fact, the space next to mine was blacked out i assume because of the same issue.

so here's the question. the other driver is clearly at fault. but does the property owner bear any liability at all? the repair only ran me $300 but still very annoying.

 

Don't see how the property owner bears any liability for your damages. At the end of the day, you were the one that parked where you did, case closed. Granted your vehicle was parked (i.e. fixed object), does not absolve you from any wrong doing, however, the other vehicle made contact with your vehicle while backing, therefore I would make the conclusion that the other party would be responsible for your damages. Hard part may be attempting to convince the insurance carrier of the vehicle that hit you, (if they are insured) to pay for your damage(s). I don't remember if local PD or State Police come out to a minor parking lot incident such as this.

If the damage was minimal, I would take this as a learning experience. In addition, if you had/have collision coverage and wanted to have it repaired by your insurance carrier, it would most likely affect your future premium.

$0.02

 

Parking in the carpark you did was nothing more than a privelege. Most garages have signs all over the place notifying owners that they are parking at their own risk, releasing the carpark owner from any legal obligations to damages to your vehicle.

 

Private parking lots are only covered by Civil Law, the local PD will only come out if a person is injured, and as suggested you chose to park in the position you chose (even if its not 'set out' at a usable angle)

There may even be a very small 'Park at your own risk' sign somewhere

 

I think all damage done to a parked car is considered non-liability and if you ask your insurance to fix the car for you, your premium will not go up. I used to park my car on a street and twice I came in the morning to find windows smashed and airbad stoled. Reported it to police and insurance right away. In both cases, I had to pay only my deductable and rest of the amount was covered by insurance; my premium did not go up.

I guess in your case it's a bit too late now. Were you able to get license plates of the car that hit you? Did you notify any of the garage employees that your car was damaged while parked in their garage? Ideally, you should be requesting repairs paid for by that other guy's insurance - but I doubt they will do anything without police report (no matter how small of an accident it was, I don't think police can refuse to come over and make a police report of the accident). You could have also tried to ask your insurance to pay for repairs if you have full coverage on the car; since your car was parked, it would not have raised your premium. However with total repairs of only $300 - what is your deductable? If it's more then that, it does not make any sense to even call insurance; you would still have to pay the full amount. Anyway, it's probably too late to even call your insurance now - the way they work is, they send an estimator to look at the damage and appraise how much it will cost to it; since car has already been fixed, insurance company will probably not accept your claim...

Cheers!

 

Every state is different, and the loss you described is comepletely different, and handled by a different coverage, Comprehensive. I grew up and worked in this field in Connecticut. Every carrier is different, with the only silver lining of this "Accident-Forgiveness" that is spreading around the industry. As far as using your "Collision" coverage in CT, it will affect your premium, unless they have changed their under-writing guidelines, and again, the aforementioned "silver-lining" of Accident-Forgiveness.

 

My car was also recentally dinged up at a car park. I live close to the University here and a cute little college girl knocked out my turn signal and scratched my bonet. I was upset, but when she got out of her car and approached me I was so starry eyed I told her to forget about it. I ended up just repairing it myself and was only out about $75. It never occured to me I should've sued the car parks owner :shakehead:

 

dude...take a pill man and spare me the lecture. i asked a simple question here about liability. i'm not hauling a guy into court over $300 and i don't need lecture about a learning experience.

 

Completely different. I was just wondering if there is any reasonable assumption that spaces provided are not inherently unsafe. the space next to mine was obviously deemed to be such and therefore blocked off. I actually thought it was a fair question.

 

What kinda pills you got? :hippie:

 

I would go ahead and just take this as a learning experience.

 

No. Not one bit.

 

Sounds like someone needs a purple football :giggle:

 

Or some some purple drank!

 

Sizzurp and Sprite. :mounty:

 

Don't forget the Jolly Ranchers!

 

You're a character Pete! :applause:

 

It was starting to sound like a Penthouse letter...

 

Posted signs to not automatically absolve someone (something/corporation) from responsibility. Just because dump trucks say "no responsible for broken windshields" because a rock bounces out does not mean jack.


Totally different scenario in my example but as I said it doesn't mean anything unless he signed some sort of damage waiver.

 

Yea, it had all the makings, except there was no happy ending. Just more money flying out of my wallett :thud: