Legal Question in Civil Litigation in California

Parking lot accidents

In your opinion, how difficult would it be for me to prove in a California Small Claims Court that another party was 100% liable for the damage that occurred to my vehicle when said party backed into my vehicle in a parking lot on private property? We were both backing out of our respective parking slots, I attempted to avoid the accident by stopping my vehicle and honking my horn, but the other driver continued to back up and hit my car. I was negligent in not obtaining any witnessed to the event, and I took the word of the other driver when he told me at the scene that it was his fault and he never saw my car. The insurance company handling the claim will only pay me for 50% of the damage to my vehicle, and the other driver now feels that we are each equally responsible for the accident. There was no damage to the other vehicle.


Asked on 11/02/99, 8:46 pm

1 Answer from Attorneys
John Hayes The John Hayes Law Offices

Re: Parking lot accidents

Without any witnesses it is your word against his. It is hard to determine what your chances of winning in small claims court are without knowing what kind of damage was done to your car, the circumstances of the accident and so forth. The worst thing that can happen is you are found 100% at fault and you lose, but if the other driver has already admitted he is 50% at fault then this will probably not happen. So again the worst possible verdict is you will be found half at fault and you will be awarded half your damages which is what they are offering. I would go for it in court, if nothing else it might force them to offer more money. And there is always the possibility that the court finds you are more credible than the other driver and awards you all of your damages. Good luck.

John Hayes

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Answered on 11/03/99, 2:35 pm


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