Usually their is no fault associated with parking lots. I'm sure your insurance company looks at it as your fault.
The person pulling out of the driveway is at fault.
the person pulling out
no matter where a vehicle is parked, the moving vehicle is at fault every time.
I would have to say that technically it would be the driver pulling out of the parking space. TECHNICALLY speaking that is. The insurance companies would probably try to say it is an equal at fault accident maybe.
The car pulling from the parking space is at fault
Answering "Pulling out of a parking lot onto a street and you have to back up to avoid on coming car and the car behind you hits you who is at fault?"
If you are pulling out and hit the other car.....you are. Person in the lane has the right of way.
The legality of the spots geneally have nothing to do with the liabilty for the collision, and the decision would likely be made as if they were both legal parking spots.
most of the time the person already in the 'driving lane'' having possession of that lane, other drivers have to yield to that person...however if someone were speeding more than likely will be a comparative neglience assessed to someone as well........
If you hit another vehicle then you are at fault. It does not matter what you were doing at the time.
It really depends on the circumstances, I would contact your claims department for more information.