This actually happened to my mother, in Maryland. She was getting ready to leave her apartment complex when the complex transport shuttle parked right across from where she was parked, thereby obstructing her way to get out. the driver got out and was trying to guide her out of the parking space but still ended up hitting the shuttle bus. the apartment complex is saying that there is nothing they can do but since the driver, who's an employee of the complex, was guiding my mother out of her space and didn't move his shuttle, would he/the complex as employers of the driver, be at fault?
Your mother could be liable in whole or part. You should report a claim to her insurance and they will handle it.
Your mother would be negligent for striking the shuttle vehicle. The shuttle driver would be negligent for failing to guide her properly. If they both are negligent, neither can recover against the other since Maryland is a contributory negligence state.
Of course, the facts will determine the outcome and the shuttle driver may have a different version. It is best to put it through insurance.
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This is a situation where your mother will be glad she has sufficient property damage liability insurance to not worry about it. This situation is mainly fact specific and it depends on what can be proved. Simply turn this matter over to your mother's liability carrier and relax. Your mother needs to cooperate with her carrier's investigation.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This is why there's automobile insurance. Report it and let the insurance companies sort out who is at fault and which insurer pays. If your mother wants to contest an at-fault determination against her by her own insurance company, there are procedures for her to do that. At most, however, your mother would be able to argue that the shuttle driver contributed to the accident by his own negligent directions and participation in the maneuver; however, your mother was still likely negligent to some degree because she still hit the shuttle trying to back out. in Maryland, if both parties are partially negligent, no matter how the negligence is apportioned between them (99%on one driver and just 1% on the other), then neither party can claim against the other. It's called "contributory negligence", and it is a total bar to claim damages in Maryland. So, in the end, your mother's insurance company will cover her property damages, and separately make a determination whether to pay or deny the shuttle bus damages.
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