10-23-2007, 04:00 PM | #1 |
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Parking Lot Etiquette, your BMW and the LAW
In the large parking lots that feature Stop signs, one-way markers, parking zone allocations and a number of familiar props for the vehicle code laws that we are accustomed to on public roads rarely apply.
I once entered a school parking lot that had a large sign similar to those on public roads prominently posting "Entrance Only" and on the reverse side it was posted "Entrance Only - Do Not Exit". Well. I was hit head-on by a trio of speeding teenagers exiting the parking lot while my car was still partly on the public road. My car was totaled and I has a resident onlooker called both the local Police and my insurance carrier immediately (pre cell phone era). When the Police arrived and interviewed me and the other driver, he returned to say no citation would be issued and it looked as though each insurance carrier would have to dual it out for the damages. Luckily, no one was injured. When I asked why the teenagers were not cited he stated that the signs were posted on private property (just inside the sidewalk) and that the vehicle codes for public streets did not apply. It turns out that even my insurance carrier agreed. Fortunately, I noticed the front passenger secreting something under the seat and approached his side of the car to see if anyone was injured. His sweater was covered with marijuana - must have been rolling a joint at the moment of impact. Then a rather large gentleman exited one of the schools buildings and made his way towards us at a quick pace. It seems his son came by to borrow his Father's car while he was grading papers on a Saturday morning. He inspected the carnage and said that the collision appeared to be my fault. So while the Police officer was interviewing the occupants of the other car, I took him aside and explained that his car was awash in marijuana and that I would walk over to the Police officer unless he saw to it that my car was replaced within a week (the laws back during then regarding marijuana possession could constitute a felony conviction. Needless to say, I was driving a "new" car within a week at his expense. I cannot count the occasions when some idiot driver has blown an official looking stop sign within a parking lit and nearly creamed me, or the driver running down a ramp clearly marked "One Way" in the reverse direction. The most memorable occasion was when I was hit head on while parked at an automobile dealership well within the marked customer location by a young woman employee driving against the one way arrows boldly painted in white on the tarmac while sipping a latte, talking on her hand held cell phone and adjusting the sound system (I suppose it could be considered "multi-tasking"). There were more than a half dozen salesmen and service managers standing within 25 yards who witnessed the incident. Again, no one was injured - though I distinctly remember the first words the young woman spoke as she exited her dealership shuttle: "My new Cashmere sweater is ruined!!! There is coffee spilled all over it!!!" She passed by me without saying a word and headed to the Ladies room to clean up. I was aghast at a minimum; the damage on my car was extensive. Finally one of the Dealership Managers/Owners came out to speak to me. He agreed that it was his employee's fault and offered to have my vehicle repaired at a body shop they delta with at the Dealership's expense. I replied that I had my own preference of a body shop and that I would prefer that the repair be done there and the bill forwarded for payment. He would have no part of it and went on to explain to me that I would be fortunate to even get a Police report filed as it was a vehicle collision on private property where traffic laws do not apply (déjà vu all over again). So I had my friend, an accomplished and well known attorney resolve the matter at no cost (well - I had to tune one of his motorcycles in exchange - a fair barter. I do know that drivers that block fire lanes or use handicapped spaces illegally are cited in parking lots. And I believe that the owner(s) of a private lot could be sued from experience. But to this day, I think few drivers in Mall parking lots consider the posted signs while the others are too pre-occupied getting a parking space. And sure as hell, if you park your flawless BMW a quarter mile from the entrance where no other cars are adjacent, after shopping and a light meal you will come out to find a beat Suburban and an Escalade full of hyper-active kids swinging the heavy doors like fly swatter parked within two feet of your car. Walking around to check for dents and dings they incurred will only enrage you further as you will never get a Police Officer to show let alone prove that their cars caused any damage to yours. Maybe Saturn has the right idea, plastic body panels of a homologous solid color - just rub the dings away Just an old geezer sharing stories, Eberhard Last edited by Eberhard; 10-24-2007 at 05:05 AM.. |
10-23-2007, 04:26 PM | #2 |
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hmm..i don't know what cops you have been dealing with but if i get hit in a parking lot...they will come out and take care of the matter
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10-23-2007, 04:29 PM | #3 |
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when i was in high school i was hit and a cop said the same thing...it is private property...nothing you can do bro-ham sorry
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10-23-2007, 06:19 PM | #4 |
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Couple years ago I was driving my fathers van in a parking lot. I was on my side of the road and a blind 18 wheeler making a delivery. The truck driver came into my lane. But its not the front of him that hit me. He was still moving forward and hit tailer slowly got closer and finally hit me. The truck driver came out said he was sorry knew it was his fault he said he did not realize where he was going.. (WTF?) than the cop comes and issues me a ticket for careless driving.
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10-23-2007, 08:15 PM | #5 | |
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And if there is a fight, then you might stand a better chance of Police intervention depending on the severity. On private property, I have never seen an incident report or citation written for a collision regardless of fault if a Police Officer does happen to show up. But if they did show and there was alcohol intoxication or contraband in the vehicle(s) involved, things would be much different. So if you believe that if you have a fender bender in a private parking lot - the Police will come out and "take care of the matter" you must be sitting on the City Council or in a position of similar power, Tschüss, Eberhard |
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10-23-2007, 08:54 PM | #8 |
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In NY, parking lots that park four or more cars are considered a public roadway, even if the lot is held by a private individual. Therefore, all of the DWI laws, etc... apply; including failing to stop for stop signs.
The father did you a favor, since the evidence would have been gone well before any new, replacement, car was purchased. The police would not make an arrest at a later date based on witness testimony about marijuana in the car. |
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10-23-2007, 09:16 PM | #9 | ||
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I was just going to mention this. He took a HUGE chance trusting the father to remain true to his word. |
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10-23-2007, 09:51 PM | #10 |
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Does this mean that I can do doughnuts and etc. on a School Parking lot or similar, and get away with it if a cop shows??
I live in Texas, I'm very interested in knowing what I can get away with. -Nathan
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10-23-2007, 09:58 PM | #11 |
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About a year ago, I was at a grocery store and a cartboy ran about a dozen shopping carts into my right rear bumper. Funny, the dumbass store manager told me I would be reimbursed full price for the repairs and I would not have to file a claim with my insurance. However, the store's insurance company would only cover the amount of my deductible since it happened on private property and my insurance said the same.
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10-23-2007, 10:01 PM | #13 |
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10-23-2007, 10:09 PM | #14 |
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play with fire, you get burned.
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10-23-2007, 11:24 PM | #16 |
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That was quite an interesting read there Eberhard...welcome to the forums, and sorry for those past troubles you've seemed to encounter. You seem like a nice guy. Well as the saying goes, bad things happen to good people.
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10-23-2007, 11:35 PM | #17 | |
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I actually did well and the kids did not suffer from the system and my hypocrisy. In reality, I would have never disclosed the drug issue, but the Father needed to know where his son was headed and the threat, though an idle bluff, helped close the deal. With plants growing in my foil lined closet two blocks away, I would regret to this day turning them in, much more than the value of the VW, Eberhard |
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10-23-2007, 11:39 PM | #18 | |
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I don't know the laws in Colorado. |
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