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Who is at fault if both drivers make mistakes?

Updated: 8/16/2019
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20y ago

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I would fight anything less than 100% in your favor. Simply going against the layout doesn't reach the level of negligence, in my opinion, although their insurance company will probably see it differently. Parking lots are private property in a sense, and therefore are not necessarily one-way streets. I would encourage your insurance agent to be aggresive with the adjuster if they try to lay some of the fault on you. Sometimes, saying that you will find another agent and company can accomplish this. As a last resort, I would consider small claims court. But I can't imagine that they would assign more than 10% your fault, so it may not be worth going to court over.

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20y ago
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