I was in a store parking lot, backing in to a parking spot. Suddenly, the SUV on my drivers side backed out and hit me.

Question

I stopped and sat on my horn but she didn’t hear me, and backed at a dangerous speed and cut to the left in order to leave via the only driveway and hit me in front of the drivers rear tire. The damage- estimated at $2700. She was going several MPH when her SUV hit my small truck. My insurance company found her 100% at fault, and her insurance company found it 50/50 and only gave me half of my damages. I have a witness who saw everything that came forward . No police were available. It was obvious she never turned her head to see me in the traffic area backing into the spot next to her, and wanted to know why I “was in her blind spot”!!! I did not have collision, and this is more damage than a simple dent. She said she looked before backing, but I don’t see how. The Louisiana law states that the cars in the traffic area have the right a way and those parked in a spot must yield and watch for cars in the traffic area, which means I had the right of way. I want to sue. Do I have a case?

Tim Akpinar · Answer

A Louisiana attorney could advise best, but your question remains open for two weeks. It's possible you could have a case; for a more definitive answer, one would need more details. And even with more facts, parking lot cases are often a mess. Many insurance carriers flip a coin over them when they do not involve bodily injury because the cost of litigating collision damage is sometimes out of proportion with what stands to be recovered. If you're contemplating pursuing what you feel is an injustice, you may want to look into whether footage from any surveillance cams are still available if the data hasn't been recorded over. Good luck 
 
Tim Akpinar

Q: I was in a store parking lot, backing in to a parking spot. Suddenly, the SUV on my drivers side backed out and hit me.