As with most all parking lot accidents it will be up to state negligence laws and an investigation from the insurance companies involved to determine fault for the accident. If the insurance companies involved find each party 50 percent to blame for the accident then it may be that each party will end up taking car of their own damages.
Louisiana is what is known as a comparative negligence state. That means a driver can be anywhere from zero to 100 percent at fault in an accident
For example, if you were backing out into a busy street when another car hit you the insurance company might decide to pay only 75 percent of the damage. Even though the other driver should have maintained control, the company might well determine that you were partly to blame because you did not have the right of way. Thus if you are 25 percent at fault you only get compensated by the other party's insurance company for 75 percent of your damages.
The Department of Insurance for Louisiana (the office of the insurance regulatory body for LA) site states that procedures for parking lot accidents may vary somewhat from place to place, but generally speaking, the law enforcement agency with authority in the area where the parking lot is located will respond when you have an accident, even if it on private property.
The law enforcement official should take an accident report even though the state laws that govern public roadways do not apply in a private parking lot. This means the officer cannot issue citations to the drivers for moving violations such as speeding, but the officer can still take action against a driver for not having liability insurance.
A parking lot, as in any place else you operate your automobile, all the usual rules regarding insurance do apply, and most of them are just good common sense. If a driver is backing out of a parking space in a private lot and hits another car that has the right of way, the first driver is at fault.
The DOI does however note that there are many situations in parking lots that are not as clear cut. If both you and the other driver are backing out of parking spaces or cutting across empty parking spaces when you collide, both may be considered at fault. Generally speaking, you must be at least 50 percent at fault for your liability to pay. Therefore, in many parking lot incidents, neither person’s policy will pay for damage to the other vehicle because the drivers share the liability.
So not every parking lot accident will leave each person responsible for their own damages, it really depends on the details of the accident and if there is a clear cut driver at fault or not.
If you have more questions on an accident that occurred in Shreveport, LA you can contact your insurance agent or the Louisiana Department of Insurance invites anyone with insurance related questions or concerns to contact their offices at 1-800-259-5300.
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