Ask The Audience: Who Would Be At Fault?

retrochick.JPGIvy says:

Here’s something I’ve been rolling around in my head all day, and since you Home Eccers are such savvy people, I figured I’d ask y’all. Besides, I think it would make for an amusing discussion.

I went to the grocery store today. I came out, got in my car, turned on the car, then turned on the radio. I turned around to look behind me and I saw some little fluttery things at my back window. I looked closer and the person who had parked next to me had parked a full cart of groceries right behind my car. Now, I don’t drive a tall car, I drive a Honda Accord. Even so, I hardly saw the cart- it was parked directly behind my car.

So I sat and waited for the person to move the cart, and they didn’t. They had apparently bought two cartfuls of groceries and were unloading one cart and left the other cart behind my car. Finally, I got out and moved the cart out of the way myself. The guy had the nerve to glare at me when I did it. Sorry, dude, but don’t park a cart behind a car, duh!

While I was driving home, I got to thinking- I barely saw the cart as it was. If I had driven any taller of a vehicle, I doubt I would have seen his cart, as close as he had parked it to my car. If I had hit it, would I have been at fault for hitting the cart, or would it have been his fault for leaving his cart behind my car? I really don’t know. I lean toward his fault, but insurance-wise, I’m sure it probably would have been my fault.

So, I ask you, Home Eccers, whose fault was it?

 

 

 

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18 Comments

  1. Caroline on September 18, 2009 at 7:10 pm

    the spaces at my kroger and slanted (you know so theoretically you drive in and back out). But often people park the 'wrong' way. Not speaking form personal experience or anythign of course. Well one time I was parked the right way, and the lady next to me was the 'wrong' way, and just as put the car in reverse she slides her cart between the cars and starts unloading. And she saw me, cuz she did that, one sec signal, and started unloading faster. Well she bumped the car door and it banged into mine because it was such a tight space and mouthed sorry. So i rolled down my window and said ma'am if you would move you card so I could back out, you would have much more room to unload your groceries. DUH!

  2. Soire on February 16, 2008 at 9:54 am

    I’m not sure what the laws are in your state, but I’m a broker of the evil insurance in Ontario, and I know that if you’re in reverse, you’re pretty much always at fault as “driving in reverse” is illegal, but they’ll only ticket in the event of collision. If it had been his car behind you (which you would have seen most likely) and you had backed into him, most parking lot events are fault divided 50/50.

  3. Anna on February 8, 2008 at 11:04 pm

    It would have been your fault. However, he was a big fat jerk for glaring. He just didn’t see you and the proper response should have been “Oh, so sorry. I didn’t see you were in your car ready to back out. Thanks for being a careful driver rather than a space cadet like myself.”

  4. Pam on February 7, 2008 at 10:26 pm

    My husband teaches safe driving classes for University employees and students…..legally it would be your fault……emotionally I think you would be withing your rights to run over the moron and the cart!!! (smile)

  5. old tech stuff on February 7, 2008 at 9:28 pm

    it d be your fault in my state 🙂

  6. 2bugsmomma on February 7, 2008 at 6:21 pm

    It is totally your fault. You have to be a defensive driver on crack to avoid accidents today with all of the people tuned into everything but what is on the road in front of them. I am just as guilty as everyone else talking on the cell phone or changing out movies for the kids, etc. while cruising around town.

    Let’s re-evaluate the question but replace the shopping cart with a small child. According to one source, about two kids a week are killed by being backed over by SUV’s and other vehicles with poor visibility. You certainly wouldn’t blame the child. If you can’t see out the back window it is your responsibility to check go get out of the vehicle and check that all is clear before you back up.

    It stinks when someone so blatantly puts a hazard in your way but his lack of consideration doesn’t would not have made the accident his fault. (In spite of my soap box speech I think that if I was in that situation I would have blamed him to my dying day! lol.)

  7. Badbadivy on February 7, 2008 at 11:47 am

    Sandyjoys- I had hoped someone who would actually know would show up! Thanks for the input!

    Ghillie Suits Guy- I’m totally picturing myself slamming into the guy’s cart and driving away laughing maniacally. Thanks for the giggle!

    Fawn- I know! That was the most irritating part- he looked at me like “how DARE you touch my stuff!” and I was thinking, dude, don’t park your cart where I’m trying to pull out and I won’t have to touch your stuff! Ha.

  8. Sandyjoys on February 7, 2008 at 9:02 am

    I used to work as a claim rep for a “good neighbor” insurance company and yeah, it would have been your fault. The only time a shopping cart collision isn’t the fault of the driver is if the car is parked and the winds are high that day.

    That being said, even if some punk pushed a cart into your car, you have to pay. I remember a claim that a man had a written confession from a poor woman who was handling her three kids and the shopping car and the shopping car got away and ran into this man’s car and dented it. He still had to pay and he was not pleased at all!

  9. Ghillie Suits Guy on February 7, 2008 at 2:59 am

    Unfortunately, it would have been your fault. Some people just have no clue. Don’t you hate it when people are (Sorry, Ghillie Suits Guy- we don’t allow swearing in comments, even when they’re masked). It makes you wish you would have just ran his cart and food over and left.

  10. Fawn on February 7, 2008 at 1:38 am

    I just can’t believe he glared at you when you moved his cart! I wonder if he was embarassed when he finally realized why you had moved it.

  11. Mrs.W on February 7, 2008 at 12:33 am

    I think as far as insurance goes, you would have been at fault.

    But you would have the cussing rights. Definitely.

    People can be so inconsiderate.

  12. Amy R. on February 6, 2008 at 11:17 pm

    While technically it would probably be your fault, we all know that it would have clearly been his stupid fault.

  13. Angela on February 6, 2008 at 9:57 pm

    Sadly, since it would not have been him driving by and hitting you, and that it is located on private property, it would be your fault. Stupid has he was being.

  14. Badbadivy on February 6, 2008 at 9:42 pm

    Funny, it never even occurred to me about damage to my car, I was picturing groceries flying all over the parking lot, lol.

    If this had happened in my convertible, I would NOT have seen it, it has a terrible blind spot as it is. Thank goodness I was driving the Honda.

  15. cricket on February 6, 2008 at 9:14 pm

    legally speaking, i think in most states since you would have been in reverse, it would have automatically been your fault. but ethically/morally speaking? totally his…people are amazing… :/

  16. silver on February 6, 2008 at 9:07 pm

    I voted other.

    If someone put the cart there and walked away and you hit it, it would probably be your fault in that you wouldn’t know who to blame and your insurance company would probably blame you.

    If you had hit his cart, there is a slight possibility that he would be willing to take responsibility for it.

    Would a cart do any more damage than a scratch or ding? If not, and it happened to me, I’d probably blame myself for not being more careful (while possibly being bitter that someone had blocked me in like that).

  17. Rachel on February 6, 2008 at 8:37 pm

    I don’t know. I’m still aggravated about how people can’t seem to form a simple first-come-first-served line for the self-checkout at Kroger. 😉

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