Legal Question in Insurance Law in Pennsylvania

Do I have to pay for the damages that she caused?

I was driving through a parking lot when a girl backed out of her parking space and hit me. She's trying to say it was half my fault. She doesn't think she should have to pay to fix my car, because it will cost $900 to fix it and my car is only worth $1500. We have a witness who says it was definately not my fault, but I think this is going to court. Was I at fault?


Asked on 10/01/03, 1:09 pm

1 Answer from Attorneys
Andrew Solomon Law Office of Andrew A. Solomon

Re: Do I have to pay for the damages that she caused?

Whether or not you are found to be at fault will depend on various factors of the case. Did yiou see the other car backing out prior to the collision? If so what actions did you take to avoid the accident? How fast were you going at the time? Under Pa. Law, a person may be found comparitively negligent. This means that if a judge finds that the accident 80% the fault of the other driver, and 20% your fault, you will receive 80% of your damages. A lot will also depend on what the witness has to say. Every case is different, but it sounds as if you had the right of way.

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Answered on 10/02/03, 5:37 pm


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