Need advice on traffic accident dispute

[SrS13]

Wondering your advice on who is at fault in this scenerio:

My girlfriend was leaving work and her boss's montero sport was parralled parked in a red zone. My girl friend saw the car there before she got into hers. She was backing out of her parking spot when suddenly WHAM!. She hits the Montero. She says she miscalculated the position of the Montero completely forgot it was there.

At the moment she's freaked out I mean it was her boss's car and she has adriver's licence, however her car is new and she was not insured. Her car is insured but she's not insured to drive it. Her boss was lenient and didn't file a report. They agreed to settle it with out getting the insurance companies involved. When she mentioned the incident to me I told her that she shouldn't have to pay all the damages, done on the Montero because I belive they were both at fault. Her boss for being parked in a red Zone and her for not being insured and hitting the Montero. So really neither of them should have been in that spot.

The Montero only suffered from a minor bumper corner misallignment. My girl friend had more noticeable damages. They want her to pay 400.00 worth of damage thats the entire cost. And they are not going to help repair her damages.

What do you guys think???? Sorry so long thanks for reading and sharing your opinion.

[Rownan]

Well, since no report was filed, all bets are off. She can call her boss out on the improper parking and maybe agure her case, but it being her BOSS she might be wise to leave it alone if she values her job.

[BoyWonder]

Pretty much what Rownan said. If she does try to argue it, it'll be her word against his. Yeah, I think they are both at fault, and if she suffered more damage than he did, and he is a boss guy, I think he should pay for his repair himself as I'm sure he has more money. But again with the whole "he's her boss" thing.. does she like her job?:(

[[s3]]

Regardless of whoever parks where, its her fault for hitting the Montero.

She did the acutal hitting, the Montero while illegally parked is only getting a parking ticket if you argue it in a court.

For example, it wouldn't be a train's fault if someone decides to run in front of it.

[Bunta240]

Yep, its definitely not worth fighting. She doesnt have a good case and its not worth getting fired.

[SrS13]

Regardless of whoever parks where, its her fault for hitting the Montero.

She did the acutal hitting, the Montero while illegally parked is only getting a parking ticket if you argue it in a court.

For example, it wouldn't be a train's fault if someone decides to run in front of it.

Yeah I agree, However if the Montero had not been parked where it was not suppose being that there was plenty of legal open spaces, she would have never hit anything. Right?

I told her to offer to pay half but when she told her boss the offer he got all defensive. He urged it was her fault and she would need to pay all damages. He even insisted to take it out of her checks. Thats when she ended the conversation and said she would think about it.

[[s3]]

Yeah I agree, However if the Montero had not been parked where it was not suppose being that there was plenty of legal open spaces, she would have never hit anything. Right?

I told her to offer to pay half but when she told her boss the offer he got all defensive. He urged it was her fault and she would need to pay all damages. He even insisted to take it out of her checks. Thats when she ended the conversation and said she would think about it.

You've got the point of the argument wrong, your gf made a misjudgement and hit someone else's car. The fact that he was illegally parked would become irrevelant.

If that had been a tree, you would have damaged your car regardless. How about if the tree was not there?

Unfortunately, it does not work like that in court. The argument would be about your gf's judgment.

The story ended when you said your gf made a "miscalculation".

Just tell her to check her mirrors and be careful next time. This time its just a car, if it was a person she would be in a much deeper doodoo.

[SrS13]

You've got the point of the argument wrong, your gf made a misjudgement and hit someone else's car. The fact that he was illegally parked would become irrevelant.

If that had been a tree, you would have damaged your car regardless. How about if the tree was not there?

Unfortunately, it does not work like that in court. The argument would be about your gf's judgment.

The story ended when you said your gf made a "miscalculation".

Just tell her to check her mirrors and be careful next time. This time its just a car, if it was a person she would be in a much deeper doodoo.

I understand what you mean but Im not arguing that she is right I feel shes as much responsible for the damages for hiting the Montero as much as her boss for illegaly parking it there. I'm simply wondering if its justifiable wether they are both liable. She admits to hiting and miscalculating, but the fact that her boss had the chance to park in a legal parking spot and arrogantly decided he could obstruct another persons path, shouldn't be excluded from the fault. He expects her to reinburse him entirely for the damages and her damages go without acknowledgement. If it would have been a tree know one would be urging her to pay damages and if it would have been a person then criminal charges would have been pursued. Im aware of the degrees in seriousness but that wasn't the case here.

This was an incident based on the Negligance of both parties, shouldn't they share equal liability??

Thanks for your responce I appreciate your opinion.

[[s3]]

I understand what you mean but Im not arguing that she is right I feel shes as much responsible for the damages for hiting the Montero as much as her boss for illegaly parking it there. I'm simply wondering if its justifiable wether they are both liable. She admits to hiting and miscalculating, but the fact that her boss had the chance to park in a legal parking spot and arrogantly decided he could obstruct another persons path, shouldn't be excluded from the fault. He expects her to reinburse him entirely for the damages and her damages go without acknowledgement. If it would have been a tree know one would be urging her to pay damages and if it would have been a person then criminal charges would have been pursued. Im aware of the degrees in seriousness but that wasn't the case here.

This was an incident based on the Negligance of both parties, shouldn't they share equal liability??

Thanks for your responce I appreciate your opinion.

Hiring a lawyer would be your best bet then, but is it worth the time and money for that.

It all depends on how much you guys are willing to save/spend.

[SrS13]

Yeah getting a lawyer would be a waste of money I just hope her boss and her come to an agreement before it gets to out of hand. But Is he right for asking for the entire cost of the damages?

[SienSil80]

I think it's rather irrelevant that the montero was in the red zone, what if the red zone was a pole or a curb with a tree in it? She wasn't paying attention and hit something, $400 doesn't seem that bad. It's also her boss so I wouldn't push a case right after hitting his car.

[yellow_jacket]

The police will ticket your gf. Usually what happens in cases like this is that the insurance companies battle it out. People always try to use the excuse that cars are illegally parked. The police still ticket them as being at fault because the courts usually agree with that.

It is pretty much irrelevant if the car was illegally parked or not. The moving vehicle made a mistake. This is the same argument as when an unisured driver gets in an accident. They shouldn't have been on the road in the first place right. Courts don't care, they are not the one that caused the accident.

[MikeMurphy]

PAY THE $400!!!!!

Its crappy, but she DID hit the car. As mentioned above, it could have been anything! If a kid was standing in the "red zone" would he have to pay half of his medical bills because he was in the "red zone"? In all honesty, mistakes happen, and thats cool. But she needs to take responsibility for what she does in the car. She should have been FULLY aware of what was in the direction of which the car was moving, which she obviously was not. Be reasonable and pay the $400. It could be much worse.

Tell her to buy some insurance too, or dont drive the car. I really think her boss is being extremely nice. If I was him, I would feel rather insulted after doing her a favor and not going through insurance.

[whiterps13]

just think about the long term. if i ever have an employee take me to court they will no longer be an employee. is the $400 worth not working for? seriously, just pay the money and shut up if she values her job whatsoever.

[The Mic]

For example, it wouldn't be a train's fault if someone decides to run in front of it.

but wouldnt it be the car's fault if someone decides to run in front of it? something to think about

[Bunta240]

I mean seriously, look at the situation. Lets say you can squeeze half of the damages. You save $200 and your gf has to look for a new job. If she works at a crappy job thats easily replaced then maybe, but if shell have trouble finding an equal or better job, why risk it?

[[s3]]

but wouldnt it be the car's fault if someone decides to run in front of it? something to think about

No, those are ruled "accidents" and no charges will be filed if evidence proves that someone indeed did run in front of the car willingly.

Another example would be, if I stuck my hand out and made a fist and you willingly ran into it, I technically didn't punch you.

[Shift_Oversteer]

Definitely pay up... now if your gf is working at the local mcdonald's, then thats a different story.. but if not then her job probably is worth keeping instead of saving a little cash.

{Thread jack..} Rownan I didn't know you posted in nico dude {chris from B-Dubs}

[AZhitman]

Some good advice being handed down here.

Red zone is irrelevant. It's not illegal if it's not "seen" by an enforcement officer.

Unfortunately, the entire onus is upon the GF here. $400 is more than fair, and she is indeed forunate to still have a job.

And people who drive without insurance SUCK. Seriously, she needs a smack for being so irresponsible and selfish (followed immediately by some lessons in backing up).

Hope it all works out for you guys.

[Bubba1]

I agree with Hitman. You GF was entirely at fault, there is no shared responsibility. Where the car was parked is irrelevent. I don't think you understand the boss did your gf a huge favor by not getting the police involved. Had the police been involved, your gf would then have explain why she was driving an uninsured vehicle. That's more serious than you think. Your gf will come off as petty and arrogant if she attempts to repay her boss' favor by trying to stick him for half the damage she inflicted. That's exactly what his perception will be. Since $400 is a very small amount for body work, I strongly suggest she pay it, apologize for damaging his car, and stop driving that car until she gets insurance. She should consider herself lucky that her error only cost her $400. Good luck

[Slider]

Yup she's at fault, but since it wasn't reported. It's unethical but she can just not pay since no report was filed. The boss will have no proof that she did it unless there is witnesses. She probably will get fired after that. But the right thing to do is to pay him, since he was nice enough not to file a report. Just tell her to pay and get over it.

[240Knightrider]

Hey I am with Hanahan Police Department. I am telling you the first mistake was of course not having insurance. did she cancel her account for her older car, if not then she would have been fine with the insurance issues. The fact is that she hit his vehicle, doesnt matter what he was doing at the time, she still hit him and would have gotton the ticket and been at fault. Think about it this way. You pull into a parking spot only to find out the big truck in front of it is taking up half the space, well you accidently hit him, you are at fault. Like it was said earlier, he may get a parking ticket at the most. But just becuase he was there and you would not have gotten in an accident if the truck wasnt there doesnt mean you were not at fault.I wouldnt fight it. I would make sure her boss goes and gets an estimate and shows her before she dishes out any money.