In 1996 I had my Accord for less than two weeks when I got into an accident. Yep, less than two weeks with the Mini and I got into an accident. The circumstances are hard to explain, but there was a stop sign on the other side of a dodge 4x4 beside me. The sign is perpendicular to the aisle of the parking lot I was in. I was backed out a car length - short for a mini - and this 16 year old didn't completely stop at the sign. She made a right turn and hit me in the bumper. The damage is minimal, but I really, really did what I was supposed to and looked behind me before backing out. There wasn't anyone in the aisle and then I was hit all of a sudden. I have never added pics, but I will try.

 

I would have been pissed.

 

Is that a privately owned lot where the Stop Sign Is ?

Reason I ask is that the stop sign appears to have been mounted too high above state standards for Mass anyways....and the paint stop line adjacent to the sign is faded.

You may have a case with the lot owner as well.....

 

You know, the first 30 days you own a new car are the most dangerous. And dont ever,ever take your new ride to a Walmart.....

 

Wal-Mart? Might I ask why?

 

Wal-Mart parking lots are insane! Door ding central!

 

Wal-Mart Shmallmart...I park in BFE any where we go!!

 

It is a plaza. I was going to Red Robin to pick up an order. The girl who hit me works there and actually left for while because she didn't want to be late to work.

Her mother got there and immediately knew the whole story and placed the blame on me. After she talked to the agent she put me on the phone with him because she didn't have proof of insurance for her car. He says, "So I understand you hut one of my clients and there are witnesses.". Her mom was the witness he was talking about even though she got there after it happened.

The cops came because the mom called them irate and told them I she fealt threatened. I was only pissed because they kept trying to give me an expired insurance card for an Infiniti-the mom's car-when the girl was driving a Jetta. When the cop got there we didn't have any crossed words besides me asking him why he wasn't going to give her a ticket.

What do you guys think? I can see this ending in nobody's insurance paying the other.

The mother had also never heard of USAA and was treating me like it wasn't a legit company. If they would have had their insurance situation straight I would have been cool(er).

 

I park out in the boonies when I go someplace crowed like that. Sometimes I park so far away I might as well walk to get there!

 

The only SAFE place to park!

 

Sorry, not trying to hijack your thread!
From what I can tell you will have to prove your case and in this circumstance, that can be kinda hard since there WAS a big truck in your way. How did you know that she didn't stop, since you cannot clearly see? Most likely this will end in both parties paying for their own damages, unless you can prove beyond a reasonable doubt that it was her fault. Remember: first thing you do BEFORE exchanging info, look for witnesses for your defense before they get away! Good luck to you!

 

I think you are absolutely right. Both of us will likely have to pay. The guy at USAA told me that us what will likely happen. I was looking back like I'm supposed to when I backed up. That is how I know there wasn't anyone back there.

I was rolling in my new car there was no way I'm just pulling out. I also looked for witnesses when I got out of my car and there weren't any to be found.

 

Can I order just the rear aero bumper from my dealership or is there a better place? How much do they run? I know someone who has a business, is **** about his work and will make me a deal (he is my daughter's godfather). I have had time to digest this and I want my car back to normal. I don't have rear fogs, is now a time to get them? How much do they cost and is my car already wired for them?

 

Yep, you can order just the rear bumper, I think it costs about $300 + paint. Your car is wired for rear fogs, but you'd need the dealer to activate them, which costs 1 hour of service at most dealers.

 

Are there any security cameras around? Perhaps the entire incident was captured on video.

Looking at the pics, here's a possible scenario:

The other driver was making a right turn into the aisle. Given the size of the 4x4 that was parked between you & the stop sign, the other driver didn't see your MINI. It's also possible that she DID see the MINI "parked" as she approached the stop sign. It doesn't appear that she hit you very hard...if she didn't stop & simply made a right-hand turn, the impact would've caused more damage...so I suspect that she DID come to a stop before making the turn. You didn't see her because of the 4x4, so it's quite possible that you were backing out cautiously at the exact moment she was making her right turn. Both you & the other driver's view were blocked by the 4x4.

Good luck!

 

That's BS. So you're saying that the OP is to blame for parking at a Walmart and not the 16yo who tore into his bumper? Unbelievable. I SHOULD be able to park anywhere I **** well please and not have some idiot who doesn't know how to drive run into me.

Won't work for 2008+, tried and been there. Never hurts to ask (and come back and confirm that it can be done) though.

 

I read the description. If the OP was backing out of a parking space and got hit, then the OP is responsible. I made the same mistake once and got charged by my insurance for an accident. On the other hand, the damage to the bumper appears to be a small scratch unless there are better pictures so it could have been much worse. Life is too short to get hung up situations like this.

 

That's what I think, too. If you are backing out, the onus is on *you* to make sure the way is clear. It doesn't matter if there are stop signs, big vehicles blocking the way, etc. Plus, it will be hard to prove that she didn't stop if there are no witnesses or video of the incident.

Sorry about your MINI.

 

I have a friend who is a police man (woman) who told me I have the right of way once I'm backed out. I can't argue one way or the other because I don't know for sure. But, there wasn't anyone in the aisle where I was. The other driver was on a different aisle and I would think the onus is on her since she wasn't in the aisle when I backed out. I'm wondering how I can be responsible for another aisle when backing out? Basically, my car was already in the aisle when she turned the corner. I just don't see how I can be accountable for something that hasn't happened yet: her coming around the corner. I don't think she was moving at a high rate of speed or anything like that, but she didn't come to a complete stop. How do I know? I was looking back when I backed out and even with the truck there could have seen the front of her car. When she came up to the sign, she more than likely looked left to make sure nothing was coming and made the turn. She turned and saw my car then.

We have already went kind of deep into this so I will continue. Look at my car in the second picture. I was in the spot right next to the gray truck when I backed out. If I wasn't all the way out in the aisle, I wouldn't have been able to pull back in and be parallel to the truck, straddling the line. If I was partially out of the space (beside the truck on my right) I would have been at more of an angle when I pulled back in.

I attached a picture of the Jetta bumber. Not much damage. I think there are two scenarios: I was out in the aisle (a car length so I was about to pull forward) and she came around the corner or she came around the corner and I backed out into her. Wouldn't it have caused more damage if I would have backed into her? I would have been moving and she would have been moving around the corner.

I appreciate the conversation from every perspective.

 

In Oregon the person backing out/parking is considered to have right of way. So I would agree with your officer friend that you had right of way...doesn't matter if you were partially out or all the way.
Also, you should be able to use the officer- or possibly other insurance company to testify that the mother was giving you the wrong insurance, wrong car.. basically was showing a lack of credibility.
Of course, that would only matter/work if you take them to court.
Also, I believe in a case like this there is no "prove beyond a reasonable doubt", I am not a lawyer, but isn't that reserved for trials/criminal law?

 

When I made my previous observation about backing out being liable, I did not have all the facts in hand. I can now see the OP's position is that the back out was essentially completed and OP was ready to move forward when the OP was hit. This changes things as it appears that OP did not back into the other vehicle but that the other vehicle ran into the OP from the rear. If this is the case, the other vehicle is liable as this is now a rear end collision. The position of the damage to both cars appears to support this as well as it as a bumper to bumper contact and not a bumper to side of car contact. I would pursue her insurance (if she has any) for the damage. If she doesn't, the lack of insurance should be reported to the local Police and you let the legal system go after it. In any case, the damage is very minor and no injuries so more annoying than anything else.

 

I just looked at picture 2 again. The MINI had to be backed out at least a few feet past the lane divider or could not have pulled in straddling the land divider as the picture depicts. The one shame is that a picture was not taken at the point of collision to see exactly how far the vehicle was puled out.