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Believe it or not, the one who hits the car under Texas law will be At Fault. It's call failed to control speed. Now if it's in a public parking lot, many times the oficer will advise you to settle it in court because of the location on the accident!

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Q: If a car is half way out of the space and another car comes along and hits it whose at fault?
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If you were parked in a parking space and you back out of your spot and while you are still backing out of it another car backs into you That is their fault right?

Generally, the person backing out is at fault. If you are both backing out you're probably both at fault and will probably share the cost of repair, with each repairing their own. yes because you were backing out and they hit your car its their fault!!!!!!! yes because you were backing out and they hit your car its their fault!!!!!!!