Car accident fault?

In Ohio parking lot.. Parking lot runs West to east to enter, East to West to exit.. I’m traveling East to West to exit.. A car who is parked next to a dumpster that is about 9-12 feet tall pulls out making a left to exit parking lot.. We collide front damage to my driver side fender and bumper... Damage is on her passenger side.. All damage is minor.. Who’s at fault?

Update:

Edit to add damage is to her bumper 

9 Answers

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  • 1 month ago
    Favorite Answer

    It's really nice that you included compass directions, but that stuff is completely useless so stop doing it.  Nobody cares.

    There are things that matter in an accident and things that don't, and you listed all the things that don't and very few things that do.  Here's what you need to know about fault after an accident, in Ohio and everywhere else in the civilized world...

    1) If a vehicle is leaving a parked position, it has no right of way over any other vehicle whatsoever.

    2) If a vehicle is backing up, it has no right of way over any other vehicle at any time.

    3) If a vehicle is turning left (in North America) it has no right of way over any oncoming vehicle at any time whatsoever.  

    • Bray1 month agoReport

      Thanks for answer.. direction was to give info about ways into and out of parking lot

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  • 1 month ago

    Pretty difficult to tell.  If it went to court, it would likely end up 50/50.

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  • May
    Lv 5
    1 month ago

    "Who is at fault?" can only be determined by the involved insurance companies.  My guess is that If you were travelling in a lane and the other car pulled out into your lane, then he would be liable because you had the "right of way"....... He failed to yield that right of way.    BUT....ask your insurance company because what I/we here think doesn't count.

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  • Bort
    Lv 6
    1 month ago

    Unless the lot was a city area designated for parking like a city parking garage or lot owned by the city parking lots are private property owned by the person who owns the property (the grocery store, the mall, wherever you were) therefore traffic laws do apply but aren't always relevant, because it's private property.

    Technically she was at fault because she pulled out and hit you. You had the right of way because you were already travelling in the correct direction of traffic toward an exit. That is how insurance will see it if insurance is involved.

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  • Ron
    Lv 7
    1 month ago

    The only one that can establish fault is your insurance company. 

  • 1 month ago

    In "at fault" states like Ohio, the insurance companies will assign percent of fault.  It might be 100% at fault for one person, but more common each have a percent of fault.

    Your description makes no sense:

    - if the other car was parked, how was it turning left?

    - if it was turning left out of the parking lot to what we can surmise is the public street, how did you collide with it, if you were traveling in the parking lot?

    - if the damage is to her passenger side, how is it on her bumper?  Do you mean fender?  Do you mean right passenger corner of car?

    Bumper/fender damage can be expensive to repair even when it is minor.  But if it is minor in cost, it probably makes sense for you to fix your car on your own without insurance involvement.  For her - it depends on what really happened and how much damage their is to her car. 

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    • A Hunch
      Lv 7
      1 month agoReport

      Your insurance is going to have a very difficult time with you.  All that blah, blah, blah and you failed to say she had backed into the space, pulling forward instead of reversing.  With that info, you are likely correct the the entire incident is her fault. 

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  • 1 month ago

    Person pulling into traffic ALWAYS must cede right of way. ALWAYS. His fault.

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  • Pearl
    Lv 7
    1 month ago

    you both might be at fault

    • Bray1 month agoReport

      Explain please.. I have right away I’m established in my lane.. She pulled into my lane

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  • 1 month ago

    From your description I would say it appears you hit the other car that had pulled out far enough to have been seen. Or it is a no fault,

    sheer accident. Let the insurance companies fight it out.

    • Bray1 month agoReport

      If that is true wouldn’t the damage be more towards the back of car making left.. Not towards the front?
      Also Ohio is at fault State someone is going to be responsible 

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