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It really depends on the situation, so without more information a definitive answer cannot be given. However, in most cases the person moving in reverse from a parked position is found to be at fault. In all my years of dealing with accidents this has always been the case.

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Q: Who is at fault in a parking lot accident where someone was backing out of a spot quickly as you passed by and the damage on the passing car is in the rear wheel area?
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Who is at fault when both party back up to each other in the parking lot?

If both parties are backing and both admit that they are backing, the fault lies with both drivers. The point of impact on each vehicle would be used to determine who was mostly out of the parking space and a percentage would be assinged to each person. If you both hit each other rear bumper to rear bumper, it would likely be 50%. How much you are able to recover from the other insurance company depends on what state you are in. In some states, you would recover nothing, some states you would recover 50% and the other party would recover the same from your policy. As a claims liability adjuster for several years, I can assure you there are very few parking lot accidents in which both drivers admit they were backing. Your insurance company would have to complete an investigation to gather facts and determine if they have enough evidence to support either driver's version of the accident. An independent eyewitness (NOT a passenger in either of the vehicles) can usually clear things up quickly. Also check with the store where the accident happened and verify if they have videotape of the parking lot. Many do and liability can easily be determined with a video of the accident. If there is no tape, no eyewitness, the points of impact do not reveal anything and both driver's are saying they were not backing at the time of impact, it would be a word versus word dispute and each would file with his own insurance company.


Who is at fault when backing out of a parking space and one side is blinded by a larger vehicle parked next to you and you slowly back up and hit a car coming around the blind side and they saw you.?

It could be a "no fault" situation. If the driver of a vehicle sees a vehicle that is backing they should exercise caution and either sound their horn (to alert the backing vehicle) and/or they should slow or stop or take similar action to avoid or to prevent an accident. Secondly, the person who is backing should only back up when it is safe to do. This may mean getting out to check for any obstacles at the back or side then proceeding if it is safe to do so. And if necessary, stop again, get out and check again. If the person who is backing up happens to be a person with disabilities and may not be able to quickly and easily get in and out of the vehicle to check for obstacles, then before backing, if you noticed a larger vehicle next to yours that will block your view, then ask another person if they would mind being a momentary guide to assist you while you back out of the parking space. Again, in some areas it could be a no fault situation whereas drivers of both vehicles should take actions and steps to prevent or avoid an accident. In other areas it may be required that fault be assessed. In the case of an accident in this kind of situation it may be best to consult with a lawyer, and if there were any witness to have their name and contact information and to give them yours. It is the responsibility of all drivers to drive safely and defensively.


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