bimmerpost/
BMW M2 and 2-Series Coupe
BMW Garage BMW Meets Register Today's Posts
home
BIMMERPOST Universal Forums General Automotive (non-BMW) Talk + Photos/Videos

Post Reply
 
Thread Tools Search this Thread
      10-23-2007, 04:00 PM   #1
Eberhard
Private
United_States
14
Rep
71
Posts

Drives: '08 335i Monaco
Join Date: Oct 2007
Location: Northern California

iTrader: (0)

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..
Appreciate 0
      10-23-2007, 04:26 PM   #2
Explorer3253
Lieutenant
Explorer3253's Avatar
64
Rep
557
Posts

Drives: 2014 f32
Join Date: Nov 2005
Location: Westchester County, NY

iTrader: (4)

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
__________________
'06 325Xi - Jet Black - SOLD, '08 328Xi - Jet Black, Coral, 6spd - SOLD, '07 328Xi - Jet Black, SOLD, '11 328Xi, Deep Sea Blue, Oyster/Black - SOLD
'14 428XI, Alpine White, Coral, MSport, Auto, Premium, Tech, Heated Seats/Steering, Drivers Ass, Drivers+ - On Order for ED
Appreciate 0
      10-23-2007, 04:29 PM   #3
jlspeed29
Major
jlspeed29's Avatar
510
Rep
1,389
Posts

Drives: F80 SO ZCP CCB
Join Date: Aug 2007
Location: Somewhere along PCH...

iTrader: (0)

Garage List
2008 335 coupe  [8.00]
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
__________________
A fisherman always sees another fisherman from afar
Appreciate 0
      10-23-2007, 06:19 PM   #4
Artz 330
Colonel
201
Rep
2,486
Posts

Drives: Z4M, 335i, 135i
Join Date: Dec 2005
Location: Lawrenceville, NJ

iTrader: (4)

Garage List
2006 330i  [0.00]
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.
__________________
Appreciate 0
      10-23-2007, 08:15 PM   #5
Eberhard
Private
United_States
14
Rep
71
Posts

Drives: '08 335i Monaco
Join Date: Oct 2007
Location: Northern California

iTrader: (0)

Quote:
Originally Posted by Explorer3253 View Post
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
Having been associated with the Law Enforcement Community - I can assure you that unless the damage is extremely severe - in that the car(s) are not drivable or someone has suffered an injury - you would be hard pressed to have a Police Officer show at all. Maybe the Mall security bloke would stop by to prevent a fight and/or potential lawsuit if there is a collision.

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
Appreciate 0
      10-23-2007, 08:41 PM   #6
aequitas330
Montego Blue FTW
aequitas330's Avatar
58
Rep
1,110
Posts

Drives: Montego Blue e90 328xi
Join Date: Sep 2007
Location: Northeast

iTrader: (0)

Wow that's a lot of text... lol, cliffs?
__________________
Sig designed by Nikki:

Appreciate 0
      10-23-2007, 08:46 PM   #7
Dleo
Brigadier General
Dleo's Avatar
Cyprus
217
Rep
3,358
Posts

Drives: 2010 X5
Join Date: Jul 2006
Location: NYC

iTrader: (2)

Quote:
Originally Posted by aequitas330 View Post
Wow that's a lot of text... lol, cliffs?
+1
__________________
Appreciate 0
      10-23-2007, 08:54 PM   #8
devo
Colonel
United_States
755
Rep
2,736
Posts

Drives: Bimmers & Porsches
Join Date: Nov 2006
Location: Atlanta

iTrader: (0)

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.
Appreciate 0
      10-23-2007, 09:16 PM   #9
Sedan_Clan
Law Enforcer
Sedan_Clan's Avatar
Brazil
27022
Rep
22,715
Posts

Drives: '22 Chalk Gray Porsche C2S
Join Date: Jun 2006
Location: ..in your rearview!!!

iTrader: (26)

Quote:
Originally Posted by Explorer3253 View Post
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
An accident on private property falls under different guidelines here in California.


Quote:
Originally Posted by devo View Post

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.

I was just going to mention this. He took a HUGE chance trusting the father to remain true to his word.
Appreciate 0
      10-23-2007, 09:51 PM   #10
Expired
Fanatic
Expired's Avatar
United_States
103
Rep
175
Posts

Drives: N/A
Join Date: Sep 2007
Location: Houston, Tx

iTrader: (0)

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
__________________
People only know what you tell them.Only in ROFL Copter.
Appreciate 0
      10-23-2007, 09:58 PM   #11
RokX
'07 E92 335i SOLD
RokX's Avatar
United_States
22
Rep
452
Posts

Drives: '08 Jeep SRT8, SC'd '06 GTO
Join Date: Nov 2006
Location: Denver CO

iTrader: (0)

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.
__________________
Appreciate 0
      10-23-2007, 09:59 PM   #12
Year's_End
Lieutenant General
Year's_End's Avatar
United_States
1232
Rep
12,446
Posts

Drives: 2020 Shelby GT350
Join Date: Feb 2007
Location: FL

iTrader: (0)

I know, right?^
__________________
Past: '08 E92 335i|ZPP|ZSP|6AT
Past: '15 Mustang GT|401A|PP|6MT
Current: '20 Shelby GT350|6MT
Appreciate 0
      10-23-2007, 10:01 PM   #13
Kiemyster
Bimmerpost Resident Marijuana Consultant
Kiemyster's Avatar
Trinidad_and_tobago
476
Rep
3,202
Posts

Drives: 320i, 325xi, 335Xi, 335i, M3
Join Date: Nov 2006
Location: Queens/NYC

iTrader: (4)

Garage List
^^^

knowledge is power ahahah

and those who ask for cliff notes... *sighs* you lazy fu&#s lol
__________________
"AMG What! S-Line Who? If you ain't got that M I got no respect for you!"
'06 Alpine Weiss E90 320i | '06 The Green Machine E90 325xi | '11 Alpine Weiss E90 M3 ZCP | '10 Silverstone X5M | '11 Alpine Weiss E90 335xi
Appreciate 0
      10-23-2007, 10:09 PM   #14
ctgazer
Major General
ctgazer's Avatar
Canada
387
Rep
7,952
Posts

Drives: a dilapidated ride
Join Date: Feb 2006
Location: canada eh!

iTrader: (10)

Garage List
2006 e90  [0.00]
Quote:
Originally Posted by Expired View Post
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
play with fire, you get burned.
__________________
Appreciate 0
      10-23-2007, 10:54 PM   #15
Eberhard
Private
United_States
14
Rep
71
Posts

Drives: '08 335i Monaco
Join Date: Oct 2007
Location: Northern California

iTrader: (0)

Quote:
Originally Posted by aequitas330 View Post
Wow that's a lot of text... lol, cliffs?
Point taken (new member).

Eberhard
Appreciate 0
      10-23-2007, 11:24 PM   #16
DougLikesBMW
Fapmin
DougLikesBMW's Avatar
435
Rep
2,660
Posts

Drives: '03 E46 330Ci
Join Date: Mar 2007
Location: Plano, Texas

iTrader: (0)

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.
Appreciate 0
      10-23-2007, 11:35 PM   #17
Eberhard
Private
United_States
14
Rep
71
Posts

Drives: '08 335i Monaco
Join Date: Oct 2007
Location: Northern California

iTrader: (0)

Quote:
Originally Posted by Sedan_Clan View Post
He took a HUGE chance trusting the father to remain true to his word.
I believe a Man is defined by his word in many ways. Further, my car was a clapped-out mid 60's Volkswagen Karmann-Ghia that I was planning to unload anyway.

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
Appreciate 0
      10-23-2007, 11:39 PM   #18
devo
Colonel
United_States
755
Rep
2,736
Posts

Drives: Bimmers & Porsches
Join Date: Nov 2006
Location: Atlanta

iTrader: (0)

Quote:
Originally Posted by RokX View Post
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.
Then one of your choices (in NY) would have been to take the store to civil court for the full amount if your claim was denied by the owner of the property. Or, you could file a claim with your insurance company. Then have your insurance company seek reimbursement of the payout made to you -by subordinating the claim against the store- and refund you the deductible.

I don't know the laws in Colorado.
Appreciate 0
Post Reply

Bookmarks


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 04:25 PM.




g87
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST