Post # 1
Today has not been a pleasant day for myself or my car.
On the way to work I got hit by a huge rock and now have a crack in my windshield. The cost to replace my windshield is less than my deductible and so my insurance will not cover it which means they won’t help me go after the truck that caused the damage (despite my abundance of proof and details…like photos etc).
THEN this afternoon as I am trying to leave Taco Bell (I knew that one burrito wasn’t a good idea) hit someone. Now this is where I would like to say that California’s backing up traffic laws are absolute crap, total bullsh#@!
I had pulled out about half way when a van was coming into the parking lot. As I was unsure if it was pulling in my section or going towards the Chevron I paused on continuing my backing up to ensure that I wouldn’t hit him or vice versa. That is when another car decided it wasn’t going to wait for me to make up my mind and starting going around me. Now again mind you I was not in the parking space but rather covering most of the driving lane of the parking lot with just enough space for a car between myself and the row of cars behind me. In other words it was quite clear that it wasn’t HIS time to go! Of course with him trying desperately going around me and me having already decided the coast was clear I did not have enough time to stop and hit him. So here I was trying to be safe, him not willing to wait two seconds for the van to move on and the coast to be clear and I’m likely to get blamed for the whole mess thanks to our lovely laws.
To top it off the old man was a total dick and came out of him car screaming at me. I was so upset I called the police and advised that I was feeling unsafe. After telling the guy to calm the hell down, that is what insurance is for etc etc he started acting a bit more human. Although I desperately wanted the cop to show up he was really being aggressive and angry and said he thought the police idea was stupid considering the situation. I called and canceled explaining that the guy was making me uncomfortable and I didn’t want to wait around any longer. Thankfully the police dispatcher was very understanding.
I am so pissed I am seeing red.
Post # 3
Well 60% of accidents happen in parking lots! And thats what insurance is for!! Unless you make a police report, then they can determine if the accident was completely your fault. But with backing up its almost always your fault unless you can prove they were speeding or they were parked illegally (like in a firelane). But sorry you had such a poopy day!!
Post # 4
Omg!! I’m so sorry that happened to you!!! That’s one of the reasons I hate driving ANYWHERE in the bay area…our drivers are a**holes! Hopefully it didn’t cause too much damage…and yes, unfortunately you will be blamed!
Post # 5
Thanks bees. It is a bit of damage to my car unfortunately. The damage to his car was minimal, very minimal.
The WORST part of all this is I just paid $250.00 (deductible) to have my bumper painted etc because someone backed into me and drove off in a parking lot just a little over two months ago. Nothing like paying for more work on the same area.
I just don’t understand why I (or any driver) is blamed for something in that situation. When we are clearly out in the driving lane it seems incredibly unsafe to state that someone trying to squeeze behind you is acceptable driving behavior. I just don’t understand, not at all. 🙁
Post # 6
That SUCKS! Blame really should be on the person being reckless in this. I’m so sorry that happened today.
Yeah, the blame laws in California suck. A few months ago, I had an incident. My accelerator JAMMED getting off the freeway, and I was fortunately able to decelerate enough to just BARELY tap the guy in front of me. It dented a tiny bit of mesh on his bumper, and he wanted to take it to insurance. My friend was in the car with me, saw no damage, and confirmed the accelerator jammed. Unfortunately, it was considered my fault, even though my driving wasn’t to blame.
Post # 7
@abirdword: Booo! It all sucks.
Got the call from my insurance claims person…my fault. Even she agreed the situation was a bit reckless on their point. The other driver had no idea why I slowed down, even after the accident I asked them if they saw the van. That could have been a child, kid on a bike, woman crossing…they had no idea or concern of why this person driving a huge car was slowing down after mostly exiting the parking space and they didn’t care. The only thing they were concerned with is getting the hell out of there and now I have to pay the price for being careful.
Post # 8
Damn! What a rough day!!!
Im so sorry. CA laws can be a pita, especially in a parking lot situation. I’ve had two myself. Infuriating.
Open a botte of wine.
Post # 9
I had almost the same thing happen to me in January!! I was backing out of a parking space, looked behind me both ways, checked my back-up camera, and backed up. Out of nowhere there’s a car speeding behind me, and I slammed on my breaks but still hit her. She jumps out, starts shrieking at me, and made a huge deal. She had a toddler in a booster seat that slept through the whole thing. After throwing her insurance info at me, she left. As soon as she was gone a stranger came up to me, offered his name and number and said he’d be a witness, as she was speeding through the parking lot but was turned around not facing forward. He pointed out the damage on both cars (I took pictures) and said you could tell how fast she was going bc she only had a small scratch on one part of her fender, where the paint on my bumper was scratched from end to end. She ended up filing an injury claim, stating that she and her TWO children went to the ER for xrays and severe back pain. She also tried to sue for emotional distress. Thanks to my witness she lost, but I was still at fault for the accident bc thanks to California, if youre the one backing up, it’s automatically your fault. Ugh. Horrible. I’m so sorry. Good luck!! And def. open that wine!!
Post # 10
Boo sorry to hear you had to go through this! 🙁 Hope it all gets better…
Post # 11
Sheesh! I don’t ever want to drive in California! Those laws are stupid as hell.
Post # 12
Do you know that I refuse to park head in? I always park back in so I drive out of the parking spot! Then no back fender benders and craning your neck for other cars whizzing by and stupid people walking behind your car making you stop and wait until they walk by etc….
Post # 13
Maybe I won’t move back to CA. I hate driving and this is part of the reason why.
Post # 14
@silverbrrlrcr: That is such crap! I am sorry that happened and thank goodness for the witness. I wish I had had someone on my side yesterday. 🙁
And yes the laws are total crap. I was talking to my Darling Husband last night and we were saying that with the blanket protection what is to prevent you from purposely getting hit by someone backing up? Say you want your back fender repaired….just put yourself in the right situation and bam! all paid for regardless of the reasons or situation. Again, total crap! Never should laws be black and white.
@happyface: That is a really good idea and I just might try that. I have a really big car so parking is always a chore anyways, this might make my life easier.
Post # 15
Sorry you had this experience but I think the laws are basically similar everywhere.
Unless you have a witness to prove otherwise, the person who is entering the flow of traffic, whether forwards or backwards, is assumed to be at fault. Because you were still in the process of backing up, you are deemed to be at fault as the other person was fully in the flow of traffic.
Unfortunately, there is always some idiot who can’t wait another 2 seconds and tries to zip around behind you.
If you can’t back into a spot, find a place where you can drive through two empty spots so you can drive out without backing up.
Post # 16
@julies1949: While I understand the flow of traffic rationale technically I was in the driving lane first. He pulled out and was waiting to go by after I had already started my backing up process. He caught up with me because I paused for another car.
I was also t-boned about ten years ago by an older lady that pulled out of a parking lot and hit me after I started across an intersection (I was halfway across). I got blamed for that too despite the fact that two witnesses confirmed I was already going across when she pulled out going 40 mph without any concern for who was in the intersection. She never even saw me or applied her brakes.
So as I said it shouldn’t be so black and white as it only encourages further reckless behavior.