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parking lot incident, best options (Accidents & Personal Injury Law)

Sat, 17 Jun 2006 23:33:00 GMT

What is the name of your state? Michigan
I was leaving work the other day and accidently backed into another employees car. I was going a max of 15mph and here are the circumstances:
-we had an event at work that day and during event days our managers have us park our cars in the "employee lot" which is really just a cleared out grass & dirt area with no actual parking spaces determined in anyway (other then lining up with the 1st person to have parked their car there that day)
-it was after sundown, so quite dark, and there the area is unlight except for a nearby street light
-it was a black, low to the ground car and i didn't see it in my rear view mirror
Of course, it was totally my fault for not seeing her car and I immediately went back in and told her about it. Another employee had witnessed it and we saw what looked like a scratch on the car, but that was about it. It looked like it could be easily buffed out and another employee is willing to do that. Another party looked at it and has now told her there is "major" damage. He is not a mechanic. Regardless of it is just a scratch or her alignment is now off or whatnot, what is the best way to proceed? Do insurance agencies need to get involved? I have insurance, and I believe she does too (we have been playing phone tag, so I haven't spoken to her since that night). Is it her insurance's responsiblilty or mine? Will I have to pay for damages or will my insurance take care of that? Also, does the area in which we were parked play a role since it may or may not be considered an actual parking lot in which a vehicle could be "properly parked"?
Of course I would like my insurance to not increase because of this mishap, but I also do not want to pay out of pocket...so how should I proceed?

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  • Mon, 19 Jun 2006 16:39:00 GMT(1)
  • Thanks for the advice on getting estimates. As for the rest of it...I never once denied responsibility. In my post and to the employee, I took full responsibility. However, my post was more about actions to take concerning Michigan's no fault insurance. Do I contact my insurance, or does she contact hers, or mine or both. The circumstances of the parking lot I included because I was told that parking lots were considered no fault and also cars had to be "properly parked" and I am unsure of what that means since there are no parking "spots" persay in this dirt lot. I've never had another accident, so if I go the insurance route, I am not overly concerned with premiums. I'm more looking for clarification on Michigan laws and how best to go about getting it taken care of it.
  • Mon, 19 Jun 2006 20:53:00 GMT(2)
  • If you're not worried about higher premiums, then report it to your insurance and let them take care of it. They'll be able to tell you about the applicable laws too.
  • Mon, 19 Jun 2006 21:29:00 GMT(3)
  • It was a parked car therefore it is a property damage claim. From your explanation, I don't think there could be such thing as "improperly" parked in this lot.
    You need to contact your insurance company.
    Here is what the state statute actually says in regards to being parked:
    (

    Quote:

    a) Vehicles and their contents, including trailers, operated or designed for operation upon a public highway by power other than muscular power, unless the vehicle is parked in a manner as not to cause unreasonable risk of the damage which occurred.

  • Sun, 18 Jun 2006 15:19:00 GMT(4)
  • Quote:

    Originally Posted by oopsydaisy

    What is the name of your state? Michigan
    I was leaving work the other day and accidently backed into another employees car. I was going a max of 15mph and here are the circumstances:
    -we had an event at work that day and during event days our managers have us park our cars in the "employee lot" which is really just a cleared out grass & dirt area with no actual parking spaces determined in anyway (other then lining up with the 1st person to have parked their car there that day)
    -it was after sundown, so quite dark, and there the area is unlight except for a nearby street light
    -it was a black, low to the ground car and i didn't see it in my rear view mirror
    Of course, it was totally my fault for not seeing her car and I immediately went back in and told her about it. Another employee had witnessed it and we saw what looked like a scratch on the car, but that was about it. It looked like it could be easily buffed out and another employee is willing to do that. Another party looked at it and has now told her there is "major" damage. He is not a mechanic. Regardless of it is just a scratch or her alignment is now off or whatnot, what is the best way to proceed? Do insurance agencies need to get involved? I have insurance, and I believe she does too (we have been playing phone tag, so I haven't spoken to her since that night). Is it her insurance's responsiblilty or mine? Will I have to pay for damages or will my insurance take care of that? Also, does the area in which we were parked play a role since it may or may not be considered an actual parking lot in which a vehicle could be "properly parked"?
    Of course I would like my insurance to not increase because of this mishap, but I also do not want to pay out of pocket...so how should I proceed?

    Have the party you hit get a couple estimates from reputable auto body shops for the repairs. You can even suggest one if you have any you have ever used. With this information (what the actual cost to repair the vehicle will be) you can decide whether you want to let your insurance provider handle it, or you can pay for it out of your pocket. This decision should take into account any deductable you may have to pay and how it will affect your premiums etc.
    IMO, if you were traveling at 15 mph, you did more than put a scratch on this vehicle that can be buffed out. Considerable damage can be done to a vehicle at that speed depending on the size of the vehicles involved and the specific area that the vehicle hit.
    As far as lighting goes, I would assume your vehicle has back up lights and headlights, do they work? I lived in the mountains for years and there are very few street lights but many vehicles parked on narrow roads and sticking out of small driveways. We have to learn to adapt to the conditions around us. You were aware of the parking arrangements in this dirt field as well as the lack of overhead lighting. So if you were not able to see, you shouldn't have been traveling at 15 mph.
    This is your fault, you can either pay the body shop directly out of your pocket or hand it over to your insurance co. and let them handle it. All you need to do is make the choice.
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