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| Message: | Please note that none of this is legal advice. What follows is just my advice on the situation. In this case, it sounds like your insurance claim handler is right on the money. It is a case of both of you being at fault. You did park in an area that would be considered a "no parking" zone. Any area that isn't clearly marked as parking is basically a no parking area. The mechanic did fail to notice a vehicle in an area he/she was backing into, so the mechanic is partly at fault as well. Parking is usually defined as the vehicle being fully stopped and not in any moving gear (forward or reverse). Whether you are in or out of the vehicle makes no difference. This is basically a case where you should have parked in a parking space. If there were none available, just leave and return to the place of business when there was one. If you must park and enter the building, simply park in an area where you can probably safely assume no cars travel -- this would be not near the garage area's entry/exit doors. Now all of that being said, if you feel that the shop was totally at fault, you can always go get a lawyer. The lawyer will be able to accurately tell you if there is a case worth pursuing or not. Just my 2 cents -- for what it's worth. | ||||
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