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Old 01-01-2009, 12:59 PM
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JessieMom JessieMom is offline
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Join Date: Jan 2000
Location: Ohio
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You said your son was driving in the parking lot, was he driving down the main aisle? Was the other car coming out of a parking space or coming from a side aisle? I work for an insurance company in claims (don't hate me, lol). I haven't done reg claims in about a year but when I did and I was trying to determine who was at fault for an accident I would look who had control of the lane and did the parties try to avoid the accident. Alot of times parking lot accidents are partially both parties fault - I'm not saying that is the case here but just in general.
If your son was in the main lane used for travel at the time of the accident I would think it would be the other drivers fault, especially considering the area of your sons vehicle that was hit. Since his car was hit in the doors the other driver should have probably been able to avoid the accident. If your son was cutting through the parking lot (which we've all done from time to time;-) it will probably be a majority his fault.
Even if technically it is the other person's fault I can't say whether the other insurance company will pay for the damages or not because I'm not sure what the law is in TX. In Ohio you can collect for damages if the other party is more than 50% at fault, but all states are different (like the above poster who mentioned no fault in MI)
The inurance company claims department is probably closed today. I would call the other parties company again tomorrow - if it was reported they should definately have called your son by now. Good luck to your son, I hope everything works out ok for him.

JessieProud Mom to Kyle(17), Garrett(14), and EMily(10)
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