Whose insurance pays for an accident after running a stop sign?

I hit a woman in a Walmart parking lot. I was going straight down an aisle and she was going straight down the main way. She Should have had a stop sign, but the sign was out for repair so it was literally just an empty pole and cement. I didn't see her and she didn't stop; I guess she didn't see the pole where there should've been a stop sign. The aisle I was coming down had no indication that there should've been any sort of sign for me to stop or yield. I realize common sense does dictate that I should've stopped had I seen her. However, because she should've had a stop sign does that mean I technically had the 'right of way'? Or will my insurance have to pay anyways?

Oct 1, 2017 Midland, TX

Neil Richardson

Oct 1, 2017

Unfortunately, stop signs in parking lots are not the same as stop signs on the street when it comes to determining fault. Parking lot accidents are often difficult to assign fault for insurance companies so they may ultimately decide to cover only their own customer's damage by saying that fault was 50/50 between the drivers. I would recommend contacting the other driver's insurance company to see if they will cover your damage based on the information you provided. If they decide not to, then you will have to contact your company for repairs.

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