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LDH763

Hit from right at stop in parking lot

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My three sons went to G**** (Sherwood, OR) one evening to get a game. They exited the store front, got in their vehicle, pulled out, and went to the left to exit the parking lot. They were parked in the eighth 8' wide parking spot from the Stop line. As they were coming to a stop at the line #driver says he was still slightly moving, the other two say he was completely stopped#, a H*** parked in the first parking spot proceeded to pull out. The right corner of the rear bumper of the H*** struck and dented the front right quarter panel between the wheel and front passenger door. There is no lateral scraping in the paint. The dent is approximately 12" wide and .5" deep.

The insurance company for the H**** driver is claiming my sons were racing and squealing tires through the parking lot. They have a witness that says he saw the boys doing 20-25 mph in the parking lot from the eighth parking spot. It is physically impossible to get to 20 mph and stop in 64 feet in our car. I tried it one Sunday morning in that parking lot.

When my insurance company talked to the witness, he said that he "thought the boys pulled out and left at a speed faster than was safe."

The H**** driver's insurance company is claming that since he was speeding that he is responsible for 30% of the repairs (est $1200). My insurance company has contacted them several times and they will budge from their stand.

What Oregon laws can I refer to help me in this case with the insurance company?

Thanks for your help,

Lee

[This post has been edited to remove personal or identifying information. -Moderator]

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Most states, either by court decision or statute, have now adopted some

form of comparative negligence in place of pure, contributory

negligence. Under comparative negligence, or comparative fault as it is

sometimes known, a plaintiff's negligence is not a complete bar to her

recovery. Instead the plaintiff's damages are reduced by whatever

percentage her own fault contributed to the injury. This requires the

jury to determine, by percentage, the fault of the plaintiff and

defendant in causing the plaintiff's injury.

See these resources for more information:

Best of luck.

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