It sounds like your daughter had the right-of-way if the man pulled out in front of her from a parking lot. I suggest that you get a personal injury attorney immediately.
Kazerouni Law Group, APC is a law firm concentrating its efforts in the area of consumer law, the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”), and California's Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act"). Our lawyers are specially trained in the Federal FDCPA, Consumer Defense, and other consumer related matters. Our goal is to protect you against unfair, deceptive and abusive debt collection practices. Creditors, professional debt collectors, and attorneys who violate the law are subject to paying damages, statutory penalties, and the consumer's attorneys fees and costs. If you feel you have been abused, deceived or treated unfairly, you may need a lawyer. We can be reached at 800-400-6808, or through one of the evaluation forms on this or at our own website at www.kazlg.com.
The information provided on this website is for informational purposes only and should not be construed as legal advice or as forming an attorney-client relationship. No attorney-client relationship between the reader and Abbas Kazerounian has been formed. If you are in the State of California and would be interested in a formal free consultation either visit Kazerouni Law Group, APC website at www.kazlg.com or call me toll free at 800-400-6808.
Your daughter has the right-of-way. The man violated her right-of-way by entering the road your daughter was on when it was not safe to do so. Of course my opinion could change if you have more specific facts. If your daughter has sustained damages & injuries she should contact a lawyer specializing in personal injury cases for a free consultation.
If the driver is leaving a parking lot they have to yield the right of way to oncoming traffic like your daughter.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
There is no way to determine fault from a posting. It is possible that he is at fault for failing to yield, and it is possible that it is her fault for rear ending him, or both could be at fault. Bottom line is report this to the insurance company to resolve, as that's why we all have insurance.
Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com