Why fault is argued so often
Parking lots rarely have the clear signals and lane markings of a street, so fault turns on who was backing, who was driving through a lane, and who was pulling out of a space. Both drivers are often moving slowly, and both may share some responsibility. When a pedestrian is hit, the driver's attention and speed are usually at issue, but lighting, signage, and the layout of the lot can matter too. Property owners and managers can sometimes be responsible for hazards they created or failed to fix, such as broken pavement, missing lights, or blocked sight lines. In New York, injuries from a car accident generally go first through no-fault insurance benefits, and suing the other driver for pain and suffering requires meeting a serious injury threshold.
Document it before the lot clears
Photograph both vehicles where they came to rest, the surrounding lanes and signs, and any damaged pavement or poor lighting. Get the other driver's license, insurance, and plate information, along with names and contact details for witnesses. Stores and lot operators often have cameras, but footage tends to be recorded over within a short window, so a request to the property manager to preserve it should go out quickly. Police may not come to a minor collision on private property, but New York can require drivers to file their own accident report with the DMV after certain accidents, and that deadline is short. See a doctor about any symptoms, even ones that seem small, and keep the records.
Insurance questions to settle early
We look at how your own policy treats the accident, which benefits apply, and whether the other driver's carrier has already asked you for a recorded statement. It is usually wise to speak with a lawyer before giving one. We consider whether the property owner's role is worth investigating and whether video still exists. If you were hurt, we discuss the medical picture and how it relates to New York's threshold for an injury lawsuit. If you are the one being blamed, we look at what your policy expects from you and how to respond to a claim or a suit.
