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argue4u 10-09-2013 12:33 PM

2014 Limited damaged in parking lot
 
3 Attachment(s)
So, after 14 years of driving with no type of accident whatsoever, I damaged my JGC in a parking lot. $1150 worth of damage at that. I'm posting this as a warning to others about visibility when driving a Jeep. Now granted, I really don't think this was a "fair" way to do so much damage to a car, and think that no matter what I was driving I probably would have hit this thing anyway, look at what can happen.

In the first picture, you see a view of a vehicle I was parked next to, after I hit it, and backed into the spot I had just backed out of. I took this picture to show how even had I been on the passenger side of the Jeep when backing out, I would not have noticed anything warranting extra caution. Notice how nothing is there?
Attachment 30071

The second picture shows what I hit.
Attachment 30072

The third picture shows some of the damage.
Attachment 30073

$1000 deductible because this guy has had no reason not to try to save money on his car insurance in the past, makes this guy bummed.

4jeepdiesel 10-09-2013 01:04 PM

Re: 2014 Limited damaged in parking lot
 
Bummer dude,

but this is EXACTLY why it's better to back into a parking spot so you can drive out of it going forward.

That being said, that guy was a d-bag because he knew he had an obstruction off the back of his vehicle He needs to park far away and take up two spots to prevent this exact thing from happening.

argue4u 10-09-2013 01:14 PM

Re: 2014 Limited damaged in parking lot
 
Funny thing is, I almost always back in, but I was in a rush because I got lost finding that place I was at and was running late. I do have the insurance company researching the guy's plate. He drove off while I was looking for him (or her) in the nearby stores in the strip mall. Police wouldn't file a report because it was under $5k damage, not injuries, and on private property. After doing some research on Arizona law, this person violated it based on the indicators attached..

That thing should have been folded up, had an orange flag, been removed if not in use, or parked in a double spot toward the back of the parking lot.

I'm hoping the insurance company can get me some info so I can work this out over the phone or in small claims. I really do think they are partly liable. Any other instance of hitting a parked car, maybe not, but here...

Just think, on a high profile van like that, someone walking out to a parking lot and cutting behind that car could have been severely injured as well. Having something that is not more than 10" off the ground and protruding 3 feet into a foot and vehicle traffic area is plain dangerous.

bill_de 10-09-2013 01:32 PM

Re: 2014 Limited damaged in parking lot
 
That sucks, but I don't think you have a chance going after him.

Even if it was considered illegally parked if on a public road, those laws don't normally apply to private property.

It is a drivers responsibility to check the surrounding area before backing up. In fact, it even says so on the screen if you have a back up camera.

A note of caution also. Once you notified him/her that you hit their vehicle they could claim damage to the trailer hitch (even if there was none).

Whatever you decide, I hope you get through this as quickly and painlessly as possible.


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argue4u 10-09-2013 01:40 PM

Re: 2014 Limited damaged in parking lot
 
Quote:

Originally Posted by bill_de (Post 907186)
That sucks, but I don't think you have a chance going after him.

Bill_de, thanks for the kind wishes :).

Even if it was considered illegally parked if on a public road, those laws don't normally apply to private property.

It is a drivers responsibility to check the surrounding area before backing up. In fact, it even says so on the screen if you have a back up camera.

A note of caution also. Once you notified him/her that you hit their vehicle they could claim damage to the trailer hitch (even if there was none).

Whatever you decide, I hope you get through this as quickly and painlessly as possible.


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Bill_de, I appreciate your kind wishes and your standpoint. With that said,

Though it is the drivers responsibility to check surroundings (which I did), often times courts will go with a reasonable person standard to determine whether or not a reasonable person would have done something differently. If it was a child, I would have seen them. If it was a baby that crawls, probably not, but what would a baby be doing crawling in a parking lot? Probably more of a child endangerment thing.

Also, we are talking about small claims court. You aren't even allowed to bring a lawyer. Most likely it would be a day of mediation. There are several laws that require you keep a vehicle in a safe condition to protect the vehicle owner as well as other drivers. This vehicle was not kept in a safe condition. I'd further argue that any possible damage done to that vehicle (I couldn't see any), was done as a result of negligent maintenance of the trailer attachment. I'm willing to take the risk in trying to work something out.

mswlogo 10-09-2013 01:40 PM

Re: 2014 Limited damaged in parking lot
 
Quote:

Originally Posted by argue4u (Post 907173)
Funny thing is, I almost always back in, but I was in a rush because I got lost finding that place I was at and was running late. I do have the insurance company researching the guy's plate. He drove off while I was looking for him (or her) in the nearby stores in the strip mall. Police wouldn't file a report because it was under $5k damage, not injuries, and on private property. After doing some research on Arizona law, this person violated it based on the indicators attached..

That thing should have been folded up, had an orange flag, been removed if not in use, or parked in a double spot toward the back of the parking lot.

I'm hoping the insurance company can get me some info so I can work this out over the phone or in small claims. I really do think they are partly liable. Any other instance of hitting a parked car, maybe not, but here...

Just think, on a high profile van like that, someone walking out to a parking lot and cutting behind that car could have been severely injured as well. Having something that is not more than 10" off the ground and protruding 3 feet into a foot and vehicle traffic area is plain dangerous.

Partly liable !! I think they are 100% liable. That's really dangerous what they did.

Thanks for the heads up.

The Mall should help out in this situation too.

argue4u 10-09-2013 01:44 PM

Re: 2014 Limited damaged in parking lot
 
I kind of appreciate the arguments for each side. May help me if I am able to take them to small claims. At the same time, for all I know I won't be able to get their info to contact or name them in a suit. I really wish I could just call and talk to them to see if they are willing to foot any of the bill for repair.

Zybane 10-09-2013 03:30 PM

Re: 2014 Limited damaged in parking lot
 
Ouch, that sucks. Stupid hard to see hitch basket hanging way out in the driveway. Who drives around with a massive empty hitch basket anyways?

argue4u 10-09-2013 03:51 PM

Re: 2014 Limited damaged in parking lot
 
I may have to start obsessively doing a full walk around my car every time before I leave a parking spot. Put this guy in therapy, he's got basket attachment onset OCD.

Chunderboy 10-09-2013 04:28 PM

Re: 2014 Limited damaged in parking lot
 
Quote:

Originally Posted by argue4u (Post 907315)
I may have to start obsessively doing a full walk around my car every time before I leave a parking spot. Put this guy in therapy, he's got basket attachment onset OCD.

Two things:

I am sorry to see that... that is straight up bullshit.. Also, isn't there a way to fold that thing up? I am almost positive I have seen trucks with them up against the hitch.

And as for your point about checking every time you get back to your car; long story short, my parking garage in NY decided to rub my 2 week old rig up against a pole and do almost 1k damage to the bumper and quarter panel. Of course I was pissed off, but I always, ALWAYS walk around my car and take a 5 second video of it (obviously only in parking garages). Sure, my wife thinks I am a little over the top about it, but she was damn happy when I showed the video to the guys at the garage which was irrefutable evidence that I dropped it off without damage and they returned it to me with damage. So, yea, I do have OCD about my rig, but in my world it paid off with less than 100 miles on the odometer.

Now, they always walk around the car with me as I take the video to make sure to cover their asses as well. I guess the boss man was a little pissed that he just lost a bunch of money.

argue4u 10-09-2013 04:36 PM

Re: 2014 Limited damaged in parking lot
 
It is a good idea. Sometimes it pays to be anal. I wish I would have been more anal. Fortunately I live in the Phoenix area where parking spots are huge (I was just in SoCal and you can't even fit an SUV in most spots), and more often then not I pick an end spot almost touching the curb as far as possible from any potential car that parks properly, and typically I back in.

I don't know that I will video each park job, but my fiancÚ will be even more annoyed then she already is at my farther parking spots, backing in, etc. when she sees I start doing walk arounds! :)

It's funny, she is welcome to drive my car, but every time I remind her how I expect her to park it, she decides to drive her own.

Chunderboy 10-09-2013 04:56 PM

I should also mention that since I live in Manhattan I only take my car out of the garage on Friday nights and return it on Sunday. So I only make one recording a week.


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