Just Imagine a parking lot where you can park on both sides. I saw a car backing up from its parking spot from right in front of me, so i stopped and gave him enough space for him to back up. On the left side, this guy backed up and hit my rear door and pannel. he is not accepting his fault. The reason he says is, their was couple of cars standing behind me, and one white car did not have time to wait, he over took me on the left. So this guy thought that their was no car behind and he backed up and hit my car! So whos fault it is? Should i go for insurance claim. This guy wants things to get settled privately by paying 50% of expense, still i will end by spending 500$ from my packet. Plz do advice.
The greater fault lies with the person backing out of the parking space. You may still be partially at fault for not driving with due care.
If they backed into you, it's their fault. Failure to yield.
You are. Improper backing.
If you were legally parked, the person backing up is at fault. If you were in a "No Parking" area, you are at fault.
In Canada it's the person backing up that would be at fault considering you were slowing down for a stop sign. If you happened to be speeding and came around a corner and hit the person backing out that is a different story.
The person driving in a forward direction has the right of way. If you are backing up, you must wait until traffic is clear before moving. Similar to a rear-ender, when the person hitting someone in front of them is always at fault.
If he was driving forward past his intended parking space to take yours, then he is at fault. Cutting across is not permitted in parking lots although many people do it anyway.
From the description of the collision contained in the question, there is no way of clearly determining the scene and what occurred.
Backing out of a parking spaceThe person backing up is at fault, they have a greater duty the fact that the person is driving on the wrong side makes no difference. the person shoudl of waited to back out. --yes but like all accidents like these, it is circumstantial; if person A is backing out, person B is flying by @ 20+ mph, person A checks everywhere & sees nothing and proceeds to back out. they are then hit by car A who is at fault for 'not able to control his/her vehicle'. if both are going proper speeds & it is just a bump, it is definitely A's fault, cuz B has the right of way
Finding out the answer to these sorts of questions is what courts are for. The answer depends on the details, but from the brief description given, I'm inclined toward the position that it's probably your fault, or a mixture of fault, but with you being the one mostly in the wrong. People who are backing up are supposed to take extra caution.
Any driver that is the backing vehicle has a greater and duty and care to maintain proper lookout at all times. The driver that was traveling on the throughfare has control of the lane of travel and the backing vehicle must yield to them. Infortunately, you would the proximate cause of the accident for improper backing.
The car pulling from the parking space is at fault