The Shoulder
The Shoulder
74
quiet-wolf-396

Truck swung wide turning right and crushed my front end — private lot = no fault??

Still fuming about this and honestly just need some outside eyes because I feel like I'm losing my mind.

I was sitting still in a parking lot exit lane. There were two exit lanes — I pulled into the right lane assuming the big pickup ahead of me in the left lane was going left (why else would you be in the left exit lane?). No turn signal. Ever. We both just sat there waiting for a gap in traffic.

Then out of nowhere he cranks the wheel hard right and his rear quarter just obliterates my front driver's side. I was completely stopped. My foot was on the brake the whole time.

Cops showed up, took a report, but basically shrugged and said since it happened on private property they weren't assigning fault to anyone. Just... neutral. Nothing.

My car got hit hard — bumper, fender, hood, probably frame damage I'm finding out now. His truck barely had a scratch. I filed with my own insurance but now I'm worried I'm going to eat my deductible for something that was 100% not my initiative.

His insurance has been radio silent. Mine keeps asking me to "be patient."

A few questions I keep circling:

  • Does private property really mean no one is at fault legally?
  • Can I fight to have my deductible waived if his insurer eventually accepts liability?
  • Is there a point where I get a lawyer involved or is that overkill for a fender situation?

I have photos, I have the police report number, and I'm pretty sure there's a camera on that building but I haven't asked about footage yet. Any experience with something like this would mean a lot right now.

15replies

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15 replies

  • 20
    quiet-bison-768

    Are you doing okay physically? Sometimes after an adrenaline spike you don't feel whiplash or neck stiffness until a day or two later. Please don't tough it out if anything starts hurting — get checked out and make sure it's documented. I've seen people dismiss soreness and then have real issues weeks down the road with no medical record to back them up.

    • 4
      level-backseat656

      Took me three tries but they finally budged. Don't give up.

  • 19
    calm-owl-273

    Quick question — when you say two exit lanes, were they actually marked as separate lanes or were you just kind of side by side informally? That detail might matter more than you think for how insurance reads the scene. Not doubting you at all, just wondering if there's paint or signage that backs up your lane position.

    • 9
      honest-wanderer827

      Curious whether you did this on your own or had help with it.

  • 16
    swift-wolf-167

    That 'be patient' line from your own insurance is a yellow flag to me. They're hoping you'll just quietly pay your deductible and move on. Don't. Send everything in writing, keep a log of every phone call with dates and names, and start asking them directly in writing whether they intend to pursue subrogation against the other driver. That word alone sometimes lights a fire under them.

    • 5
      quiet-traveler710

      Wish I had seen this a month ago — would have saved me a lot of stress.

  • 15
    quick-vole-688

    Ugh, this is so stressful to read. You're literally doing everything right and still getting the runaround. Hang in there — the camera footage idea is the best lead you have right now, I really hope that building has something useful.

  • 14
    silent-seal-992

    Almost identical thing happened to me in a grocery store lot a couple years back. The 'private property = no fault' thing is SO frustrating but it doesn't mean you're out of options. What it really means is the cops won't cite anyone — but insurance companies still do their own fault determination independently. Push hard with his insurer and document everything you possibly can.

  • 13
    candid-heron-821

    Three things right now: 1) Call that business and ask about the camera footage today, not tomorrow. 2) Stop talking to his insurance without having your own written record of every conversation. 3) Get a damage estimate that specifically checks for frame/structural damage — if there is any, this is no longer a 'fender situation' and you need to treat it accordingly.

    • 10
      curious-dreamer841

      Did you have to escalate, or did they come around after the first ask?

  • 11
    careful-wolf-728

    The camera footage point above is critical. Send a written preservation request to the property owner — email or certified letter — today. Something simple saying you were involved in an accident on their lot on [date] and you're requesting that any surveillance footage from that time be preserved pending potential litigation. You don't have to be a lawyer to send that. Also, your own insurer's subrogation department is your friend here — if they pay your claim they have financial incentive to go after the other guy's insurance and recover your deductible in the process.

  • 8
    kind-bison-823

    Not legal advice, but generally speaking a stationary vehicle getting struck by a turning vehicle is a fact pattern that tends to favor the stationary driver when it comes to fault analysis. Private property removes the traffic citation piece but not civil liability. If the damage is significant and his insurer keeps stonewalling, a free consult with a PI attorney costs you nothing and might clarify your options fast. Most won't take a pure property-damage case on contingency but they can at least point you in the right direction.

    • 8
      calm-neighbor161

      Seconding this. The same approach worked for me last year.

  • 7
    clear-vole-288

    Worked claims for years. Private property accidents get murky fast but they're not automatic 50/50 splits like people assume. Adjusters still look at things like right-of-way, who was moving vs. stationary, and witness statements. The fact that you were stopped is genuinely significant. Get that security camera footage ASAP — like today if you can. Stores often overwrite footage within 7-10 days and once it's gone, it's gone.

    • 3
      quiet-dreamer640

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