Denying Liability in a Parking Lot Car Accident...

by John

I was in a parked car in a parking lot, opened my door and was hit by another car trying to come in to the space next to me and avoid shopping carriages in that space. My door was hit knocking me back in to the car and causing injury. The insurance carrier for the person that hit me said they would be responsible for the damage, that the driver was at fault. Then two days later said that I was just as much at fault when I opened my door.

I have been to the doctor and he is concerned about my injury. Not sure if my bills will be paid and any long term effects I might end up with. Any information would be helpful.

I am losing sensation in my left limbs and having difficulty concentrating and having problems with incontinence. The doctor is doing a brain scan and has done some MRI's. I think it might be myostisis neuropathy. Can I do anything to get them to pay?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Denying Liability in a Parking Lot Car Accident...":

Florida is a pure comparative fault state. (See this page on Florida personal injury law for more information on the laws applicable in your state.)

What this means is that the adjuster will review your claim and compare the fault of both parties. Apparently the adjuster thinks you were as much to blame as the other party, however this does not preclude payment of your bills but rather a reduction in what you would be entitled to. In pure comparative fault jurisdictions fault is assessed up to 99%, so even with the fact that you were 50% at fault (if you were), you should still receive some compensation.

I would advise the adjuster of this information and show that you know what you are talking about. Often this will change their tune.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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