Do I have 100% liability?

Discussion in 'Ask A Cop' started by JerryD, Nov 18, 2016.

  1. JerryD

    JerryD New Member

    I was driving in a parking lot. I failed to yield to a car moving from my left to right on the main way, and we had a collision at the intersection.
    HOWEVER, the car came in the parking lot through a "DO NOT ENTER" sign, which is not far from the accident location. I was sure there was no other moving car in the parking lot before he came in.
    Now Geico said it is totally my fault, (maybe) partly because I have never had an accident before and do not know how to argue. On the other hand, the other party sent them tons of photos supporting their version of the story. Before I do more, I would like to hear your advice, is the other driver at fault too?

    Attached Files:

  2. HistoryHound

    HistoryHound Supporting Member

    I'm not a cop, but since this is an ask your insurance company question I'll give you my two cents. Having dealt with insurance companies many times, I can tell you it doesn't matter if the other guy was at fault too. If they determine that you were 51% or more at fault; then, he could be up to 49% at fault and it's still on you. There's probably something about the damage that tells them that you're at fault. I've seen them 50/50 more than one accident because there was no way to tell from the damage who actually caused it and both stories could explain it. (Think person A says person B switched lanes into them and person B said person A switched lanes into their car.) You don't say where the damage was on the cars which also makes a difference. Did you hit the back of his car with the front of yours? You're presumed to be at fault. For example, my daughter was stopped and someone backed into her. The only reason we didn't have to fight it was because the other driver was honest and admitted to the insurance that he backed up. If he had said she hit him; then, they would have found her at fault and we would have had to fight it. So the short answer to your story is, Geico said you're at fault so you're at fault. Appeal the surcharge and maybe the person that hears it will see it from your point of view.
  3. j809

    j809 Subscribing Member

    That's why I always cite someone at a crash so no one would have to go through all this bullshit with insurance companies, however many cops are lazy and cannot do their job right and you the citizen suffer.

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  4. HuskyH-2

    HuskyH-2 G-Rap made me do it!

    Looking at the photos. The rows have stop "signs" at the intersection where you were coming from. The other vehicle was occupying the travel lane. you pulled out in front of him into the lane where he has the right of way. don't think it really matters if he entered through the wrong exit. I don't do chap 90 though, so I could be wrong
  5. mpd61

    mpd61 Federal Auxiliary Police

    Now you stop right there Hero! Not all of us had the silver-spoon luxury of putting ourselves through MPOC, DRE, Accident Recon Basic/Intermediate/Advanced, Quantum Physics, etc.....

    In the context of the OP, it seems more like Parking-lot Panic, than Public Way Principles. Of course you were my FTO a long time ago, maybe I forgot what you taught me.
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  6. j809

    j809 Subscribing Member

    You little wiseass!!

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  7. mtc

    mtc High Priestess Staff Member

    Sorry to say... you're screwed.
    mpd61 likes this.

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