Legal Question in Personal Injury in California
parking lot accident
I had an accident in a parking lot on last Sunday.
I was going to exit my parking space. She was parking just across my space. I went back as much as I could. At this moment, she was in her space and didn't move at all. And then, since I couldn't get out of the space yet, I moved forward about 10-15 inches. And then, I put my gear in back, at that moment, she hit my car. I was not moving when she hit me. I called insurance company; however, it was both' fault. Is there any way I can argue about this decision?
I was in a middle of path already. I think I have a right to exit first. Please help me. Thank you.
1 Answer from Attorneys
Re: parking lot accident
Just because your insurance company thinks it is both your fault doesn't mean squat. You tell the adjuster at your insurance company not to pay the claim. Then, take the other person to small claims court. If the judge thinks you are right, then, you win. If the judge thinks you are wrong, then, your insurance company can pay. You can contact your local courthouse to get the forms for small claims. Good luck and thanks for inquiring.