Orlando, FL asked in Car Accidents for Florida

Q: I was backing up in a parking lot and the other party was moving forward. Would both parties be at fault?

Police came to the scene in the parking lot and put improper backing on the police report and also stated on the report that both parties were traveling at 5mph. No one was cited.

Would we both be at fault and responsible for our own damages ,since we were both traveling at 5mph as stated on the police report?

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Personal Injury Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: The issue is negligence - who drove their vehicle in a negligent (careless) manner by not properly looking out for oncoming vehicles? That could have been one of you or both, but if the officer blamed you, in documentation, for improper backing (even though he/she didn't issue a ticket) and did NOT put any blame on the other driver, the other driver's insurance company probably won't reimburse you. You could initiate a claim anyway, but that might trigger a claim going in your direction, possibly causing your premium to increase at the time of renewal (unless you purchased accident forgiveness coverage).

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