[Tom in Austin]

Backing out of a parking space at lunch, I stopped to look both ways to make sure no one was coming. Which you have to do nowdays when surrounded by SUVs on either side.



Just then, I see in my rearview mirror that a truck parked directly behind me was backing out too. Before I could get my car into forward gear, his open tailgate struck my car hitting just below my hatchback and bending it and the body.



The truck had three large shelving units in the bed, making me think the driver couldn't see anything behind him. Moreover, I think trucks in general are enough higher than a 968 that they probably wouldn't see us anyway.



This actually happened to me once before (with only a busted taillight), and my insurance agent said "in a backing incident, each company pays its own customer's claim". What a lousy deal, someone runs into me, and I have to claim against my own insurance and deductible! I guess the insurance practice says if you're driving a truck, go ahead and run into anyone you want since you won't have a claim and incur any costs. And the other guy can take care of whatever damage you do.



Any insurance experts out there? I'd love to sue the guy, can I bring an action against him and his insurance in small claims court? I'd like to have some recourse and not just bend over and take the deductible and have a claim on my record.

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[rhudeboye]

I'm no agent but that doesn't sound right.



I live in MD and my wife was parked on the street while visiting a friend. She got out of the car and as she was heading up the walk way a car exiting the drive way from the other side of the street backed right into the drivers door. She (the other driver) never cut the wheel! She explained that no one is ever parked there, apologized and exchanged info. Their insurance paid for the repairs.



Hard to believe that because you were in your car that the law would change.

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[sp4149]

[quote name='Tom in Austin' post='36472' date='Jun 5 2007, 11:28 AM']Any insurance experts out there? I'd love to sue the guy, can I bring an action against him and his insurance in small claims court? I'd like to have some recourse and not just bend over and take the deductible and have a claim on my record.[/quote]



Tom,

I'm not an insurance expert, but in January 2005 and in January 2006 I was hit by cars when they were backing out of parking stalls. Both times I was hit while standing still waiting for traffic to move. The two insurance claim/repair experiences were completely different. Both happened in San Diego, insurance companies may operate differently in California as well. First case, other driver was insured by AAA (we have AllState). Went to AAA preferred body shop (recommended by local Porsche club). Shop did an excellent job, but was without car for six weeks since a new fender had to be ordered from Germany. Second time other driver had State Farm. State Farm adjuster said I was entitled to rental car, take the car into the same shop rent a car through body shop they would take care of everything. Two days later a different SF adjuster called back. told me I wasn't entitled to a rental car and that due to a pre-existing gouge under the tail pipe, they were only going to pay $180 out of the $2800 estimate. I turned the rental car in and filed a claim with our AllState agent and filed a new repair order at the same body shop, paid the Allstate deductible. Car was done two weeks later. Allstate then filed a claim against State Farm and three months later State Farm paid Allstate's calim and reimbursed us for our deductible. Obviously if a AAA adjuster offers to take care of our repairs, I would trust him and not bother submitting a claim to our agent. However if a State Farm adjuster offers friendly help, I'll probably be off and running in the other direction.



I share your frustration, the only reason it happens is that our governments let it.



-sp4149

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[flash]

i just had this happen to me twice in the last month in the same parking lot (not going there anymore)



upon research on the internet, it turns out that in california, without eyewitnesses to prove otherwise, parking lot accidents where both vehicles are moving are a no fault situation - there is no right of way

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[kodomokid]

I had an accident in a parking lot when I was still lving in Seattle. We called the police to come and settle everything but they wouldn't since they claim that a parking lot is considered to be private property. So in my case, though the person in the other car was speeding, because I T-boned her SUV with my SUV and I had a stop sign, I get the full blame. She was going fast enough that when I made contact, it made my entire front engine bay bend in the dirrection she was going. So my car ended up being totaled. Not fair but there isn't much we can do. Good luck. My Dad had this happen to him in a parking lot. The other party ended up paying because my dad's car was backed into. But again, this was in Seattle.

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[gryphon]

I couldn't even hazard a guess as to how many times I've zoomed forward or backward to avoid a parking lot accident from a careless driver, usually backing up as if he/she were alone in a vacant lot.



Tom

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[ds968]

I was talking to Bob yesterday about this...as silly and as annoying as it may be, when I back out of a parking space I have made a habit out of tapping on the horn very briefly, several times, almost in a mimic of the pattern you hear when some of those service vans or trucks back up... sure it sounds completely different so I don't expect anyone to conclude it's a car backing up, but it's an alert mechanism nonetheless.



I do this mostly because I don't want some toddler, or adult for that matter, who I can't possibly see

( because of the two SUVs parked on either side of my car <img src="/forum/images/smilies/968/dry.gif" class="smilie" alt="" /> ) to cross right at the moment I back up, but he horn also serves to "wake up" the drivers of other cars backing up, or those driving in the path

( assuming their stereo is not blasting ) enough that they're more attentive to their surroundings.



I started doing this a long, long time ago after my 944 and a Mitsubishi Eclipse ( IIRC ) found eachother's rear ends attractive enough to connect <img src="/forum/images/smilies/968/tongue.gif" class="smilie" alt="" /> . No damage to either though.. somehow the bumpers were at the same level.



Anyway, so far I have not encountered any hostility to this "beeping" M.O. , so I plan to continue annoying others in this way if it saves my 968, or anyone else.

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[968rz]

I have a friend the yells "LOOK OUT!" every time he backs up. Odd but effective. To comment on Tom's issue; IMO if Tom had stopped to pull back in I would say the truck is at fault, he obviously was NOT looking behind him if he was he would not have hit you.

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