The car which is driving straight into the parking lot has the right of entery into the parking space. When you are backing out your vehicle than you need to make sure that there is no vehicle which is comming in and whether it is safe. If you have already backed out more than 50%, than the car comming in should wait till you clear out .
As per the state prevalant laws it would differ from state to state. However, each one will have to claim for the damage of the vehicle under your own policy and if there is any bodily injury than you can sue the opposite driver. However, the award for property damage and injury would be paid in porpotion to the fault fixed.
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