The Shoulder
The Shoulder
59
sharp-mole-547

Got hit in a parking lot where the stop sign was missing — am I really just screwed?

This happened about a week ago and I'm still honestly in shock about how the whole thing is being handled.

I was pulling through an outdoor shopping center to get to a coffee shop — one of those big multi-store strips with internal roads running through it. There's an internal intersection in the middle of the lot where two lanes cross. I slowed way down, looked both ways, and eased through. A truck came from my left and clipped my front end pretty hard.

Here's the thing: I went back the next day to look around and the stop sign on my side was completely gone — like not broken, just absent. There's a rusted metal post there with nothing on it. The painted stop bar on the ground is so worn you can barely make it out unless you're standing still looking for it.

The responding officer noted I failed to yield and I'm terrified that's going to be the end of the story as far as fault goes. But I keep thinking — who owns this shopping center? Aren't they responsible for maintaining signage on their own private roads? I didn't even know I was approaching a controlled intersection.

I took photos and a short video the next day. I also noticed a parking lot attendant booth nearby — wondering if whoever works there had any idea the sign was gone.

Hasn't been long enough for insurance to weigh in yet. I have minor whiplash and my car is pretty dinged up.

Has anyone dealt with property owner liability in a situation like this? I feel like I'm being set up to take the fall for someone else's negligence.

11replies

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11 replies

  • 17
    calm-tern-472

    Honestly the fact that you went back the next day and documented everything puts you in a way better position than most people. A lot of folks just accept the report and move on. You've already done the most important thing — you have evidence of the actual conditions. That's something to work with.

  • 11
    cool-heron-578

    So from the inside — adjusters do sometimes flag third-party premises liability but honestly a lot of them won't unless you push it. Your photos are genuinely valuable here. If you can show the sign was missing and the marking was essentially invisible, that shifts the picture. The shopping center's property management company almost certainly has insurance specifically for slip-and-fall and premises liability type claims. This could fall into that bucket. Don't assume your adjuster is going to do the legwork — be the squeaky wheel.

    • 23
      keen-tern-245

      This is the kind of situation where premises liability becomes really relevant. Private property owners — including commercial lot owners — have a duty to maintain safe conditions, and that includes functional traffic control signage on their internal roads. Your photos and video are probably your most important assets right now. If there's any way to find out who manages or owns that property (sometimes it's a separate management company from the stores themselves), that's worth tracking down. A lot of PI attorneys do free consultations and this scenario is exactly the kind of thing they'd want to evaluate.

    • 12
      kind-bison-028

      Not legal advice, but the intersection of traffic fault and premises liability is genuinely complex here. The police report establishes one thing, but civil liability is determined separately and can involve multiple parties. A property owner who fails to maintain signage on a private road they control could potentially share in fault. The evidence you gathered quickly matters a lot — signs and pavement markings can get 'fixed' fast once a claim surfaces. Worth at least a free consult with a PI attorney soon.

  • 10
    calm-bison-866

    Do NOT just let your adjuster skim over the property owner angle. They will absolutely take the path of least resistance and close it as your fault if you don't push back. The second you talk to them, bring up the missing sign and the condition of the lot. Make them document it. If you don't raise it early, it gets harder to introduce later.

  • 9
    plain-newt-789

    Oh man, this is almost exactly what happened to my cousin a couple years back — different setup but same idea, missing signage on private property and she got tagged as at fault right away. The property owner ended up being brought into it eventually because there was a paper trail showing complaints about the lot. Definitely keep pushing on this, it's not always as open and shut as the police report makes it seem.

    • 0
      weary-passenger554

      Going through something similar right now. Did following up actually move the needle for you?

  • 5
    hearty-hare-122

    Please don't ignore the whiplash even if it feels minor right now. Soft tissue injuries from impacts like this can feel manageable in the first week and then get significantly worse around days 7-14 as inflammation sets in. Get checked out and make sure everything is documented with a provider. If this does become a claim situation, having medical records from early on really matters.

    • 14
      tidy-otter-039

      Quick question — when you say you 'slowed way down,' how slow are we talking? And was the other driver going through without stopping too, or did they have the right of way from a different direction? I'm not doubting you but those details matter a lot for how this gets argued. Also, had you ever driven through that specific intersection before? Just trying to understand the full picture.

    • 19
      mellow-owl-719

      Find out who owns that lot. It might be a REIT, a property management company, or even the anchor store — they're usually not the same entity. Your city or county probably has property records online. Once you know who it is, their liability insurer becomes a party in this. Don't just fight your own insurance company — make sure the right people are in the room.

    • 5
      honest-optimist965

      Going through something similar right now. Did following up actually move the needle for you?