Q: Small claims court defense for 50/50 fault parking lot accident in CA.
One year ago, I was involved in a car accident in a school parking lot in California where both parties were backing up from angled parking spots and collided. I stopped immediately while the other party did not. Initially, the insurance companies ruled it as a no-fault accident. I paid my deductible and got my bumper fixed, while the other party did not pursue repairs through their insurance and instead asked me to pay personally, which I refused. Now, they are taking me to small claims court for nearly $4,000 in repair costs. After a reassessment, my insurance now considers it a 50/50 fault and is attempting to settle. I have photos of the cars after the accident but no witness statements or clear parking lot rules pertaining to such situations. My insurance provides advice for court appearances if the settlement isn't accepted. How can I best prepare or defend myself in this small claims court case?
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A:
Start by organizing all your documentation—photos from the scene, insurance correspondence, repair bills, and any written statements or notes you made after the incident. These will help you show that the accident was mutual and not solely your fault. Since your insurance assessed it as 50/50 fault, bring proof of that decision with you to court.
In court, calmly explain that both vehicles were backing out at the same time, and you stopped as soon as you saw the other car, while they kept moving. Emphasize that this was acknowledged as shared fault by the insurance companies, and that the other party had the option to go through insurance but chose not to. Mention that you already paid for your own repairs without pursuing them for compensation, which reflects fairness on your part.
Practice your explanation beforehand so you can speak confidently and stay focused. Bring printed photos to show angles, positions, and damage clearly. If there are no witnesses or clear parking lot signage, stress that the environment made it difficult to assign blame entirely to one person. Keep your tone respectful and factual—it’s not about winning, but about presenting your side clearly and reasonably.
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