Overcoming Disputed Liability in a Parking Lot Accident: Case Study Overcoming Disputed Liability in a Parking Lot Accident - HHJ Trial Attorneys
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Overcoming Disputed Liability in a Parking Lot Accident

car owners arguing after hitting each others car
Founding partner of HHJ Trial Attorneys Elliott Jung black and white portrait

Gerry Spence Trial Lawyers College

Adam copy

University of California, Berkeley

Updated: March 14, 2026

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car owners arguing after hitting each others car
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Emily, a 21-year-old college student, was running errands on a busy Saturday afternoon. She had just finished shopping at a large, crowded outdoor mall and was preparing to head back to her dorm to study for midterms. She walked to her compact car, loaded her bags into the trunk, and climbed into the driver’s seat.

The parking lot was chaotic, filled with pedestrians and vehicles circling like sharks looking for open spots. Emily started her engine, checked her rearview mirror, her side mirrors, and physically turned her head to check her blind spots. Seeing that the aisle behind her was completely clear, she slowly and cautiously began to back out of her parking space.

She was about halfway out of the spot, her vehicle angled into the driving lane, when a large SUV suddenly appeared out of nowhere. The driver of the SUV, frustrated by the crowded lot, was speeding down the aisle, cutting across empty spaces to bypass traffic. The SUV clipped the rear driver’s side quarter panel of Emily’s car with significant force.

The impact violently jolted Emily’s small car. Her head snapped backward and then forward in a classic whiplash motion. She felt an immediate, sharp pain in her neck and a dull ache spreading across her upper back.

While the visible damage to the vehicles was moderate—a dented bumper and scraped paint—the physical toll on Emily was severe. Over the next few days, the pain in her neck and back intensified. She developed chronic, debilitating tension headaches that made it nearly impossible to focus on her studies or sit through her lectures. She was diagnosed with severe soft tissue injuries, including cervical sprain and strain, requiring months of physical therapy, chiropractic care, and pain management.

Breaking the “He Said, She Said” Deadlock

Parking lot accidents are notoriously difficult to resolve because they almost always involve disputed liability. Without clear traffic signals or right-of-way markers, these cases frequently devolve into a classic “he said, she said” scenario. This case was no exception.

The driver of the SUV immediately went on the offensive. They told their insurance company that Emily had recklessly backed out of her space without looking, directly into their path. They claimed they had the right of way in the driving aisle and that Emily was entirely at fault for failing to yield.

Emily’s own insurance company, while initially supportive, was hesitant to fully back her claim without independent proof. The SUV driver’s insurance company flatly denied liability, refusing to pay a single dime toward Emily’s medical bills or the damage to her car.

Emily was caught in a frustrating deadlock. She was a college student living on a tight budget, suddenly burdened with mounting medical bills for physical therapy and chiropractic adjustments. Her grades were slipping because she couldn’t concentrate through the pain, and the insurance companies were treating her like a liar. She knew she had checked her mirrors and backed out safely, but she didn’t know how to prove it against the aggressive claims of the other driver.

Securing the Department Store Surveillance

When Emily contacted HHJ Trial Attorneys, she was stressed, in pain, and feeling entirely defeated by the insurance bureaucracy. We immediately recognized that breaking the deadlock required objective, undeniable evidence. We couldn’t rely on the conflicting statements of the drivers; we needed to find a silent witness.

Our investigative team sprang into action. We immediately visited the shopping mall where the accident occurred. We mapped out the exact location of Emily’s parking space and surveyed the surrounding buildings. We noticed that a large department store directly across from the parking aisle had several exterior security cameras mounted on its facade.

We quickly drafted and served a formal preservation letter and a subpoena to the department store’s corporate security office, legally demanding that they preserve and produce the surveillance footage from the date and time of the crash.

When we finally obtained the video, it was the breakthrough we needed. The high-definition footage captured the entire incident from a perfect angle. It clearly showed Emily’s car slowly and cautiously backing out of the space. More importantly, it showed the SUV driver speeding recklessly down the aisle, cutting diagonally across empty parking spots, and completely failing to yield to Emily, who was already established in the lane.

We didn’t stop there. We also tracked down a pedestrian who had witnessed the crash and obtained a sworn statement corroborating the video evidence. We then compiled this undeniable proof of liability along with comprehensive medical records from Emily’s doctors, detailing the severity of her soft tissue injuries and the impact the chronic pain was having on her academic life.

A $120,000 Victory for Emily

We presented the surveillance footage, the witness statement, and the medical documentation to the SUV driver’s insurance company. Faced with the undeniable video evidence proving their client was speeding, driving recklessly, and entirely at fault, their defense completely evaporated. They knew they could no longer hide behind the “he said, she said” ambiguity of a typical parking lot crash.

The deadlock was broken. We successfully negotiated a $120,000 settlement for Emily.

This settlement was a massive relief for a stressed college student. It fully covered the cost of her extensive physical therapy, chiropractic care, and all related medical expenses. It paid for the repairs to her vehicle and compensated her for the significant pain, suffering, and disruption to her studies. Most importantly, it provided Emily with the financial peace of mind she needed to focus on her recovery and successfully complete her college education, knowing that the truth had prevailed.

professional attorney and founding partner of HHJ Elliott Jung
Elliot H. Jung

Gerry Spence Trial Lawyers College

Elliot H. Jung is a trial attorney at HHJ Trial Attorneys who focuses on helping injured clients navigate complex personal injury cases. With an emphasis on advocacy, case strategy, and client support, he works to secure fair outcomes for people facing medical bills, lost wages, and other accident-related losses. His approach combines legal experience with a commitment to clear communication and effective representation.

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