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Fault Determination in a Parking Lot Accident

July 30, 2013

AccidentJust like an accident on the road, parking lot accidents vary greatly as to who will be found at fault. There are a number of factors that can go into who is at fault when an accident takes place in a parking lot, and many drivers find the rules confusing. Just like on the street, parking lots have right-of-way rules, but by their nature the accidents that happen there tend to be a little different.

Right-Of-Way In a Parking Lot

Drivers in parking lots tend to get a bit confused as to who has the right-of-way when traversing the lines of parking spots. A basic rule to follow is to consider what type of lane you are in. Parking lots have two basic types of lanes: thoroughfares and feeder lanes.

A thoroughfare is a lane that exits to a street. These tend to be wider and are the main arteries of the parking lot. Feeder lanes on the other hand are smaller lanes that end and begin at the thoroughfares. Those who are driving in a thoroughfare have the right-of-way over those coming out of feeder lanes. That means that you must stop and allow traffic in the thoroughfare to proceed before moving out of a feeder lane.

Similarly, anyone who is moving out of a parking space must yield to those who are driving through the lane. Just like a car coming out of a driveway onto a street, vehicles in a parking space do not have right-of-way over those already proceeding.

Finally, all stop and yield signs in a parking lot should be observed in the same way as on any street. Failure to obey posted signs can leave you at fault in a resulting accident.

Common Parking Lot Accidents

One of the most common accidents to occur in a parking lot is one in which a driver is backing out of a space and strikes another vehicle, whether moving or parked. A driver backing out of a parking space will usually be found at fault for an accident with one exception. In a case where two cars are backing out at the same time and strike each other, fault in the accident is likely to be shared.

Any situation in which you as a driver strike a legally parked vehicle will typically find you at fault. This includes backing into a parked car, striking a car with your door when opening it, or clipping it in the lot. If you leave the scene of an accident in which you struck a parked car without making an effort to contact the owner of the car, it can be considered a hit-and-run.

Unfortunately, pedestrians are also at risk in parking lots, as they are walking between stores and cars and are present in greater numbers than on the average street. It’s vital that all drivers be aware of the presence of pedestrians when driving in a parking lot.

How Insurance Companies Determine Fault

Just like an accident on the street, insurance companies will determine the fault in an accident based on all of the gathered facts about the incident. They will take statements and consider the damage to the vehicle.

Parking lots are subject to fault determination rules, which are predetermined guidelines by which adjusters can quickly determine fault. Cooperating and providing accurate information are the best things you can do to ensure a fair fault determination.

Just like with any other accident, you have the right to appeal the insurance company’s decision if you do not believe you are at fault. A third party mediator can be brought it to make an objective decision on the claim.

Avoiding Parking Lot Accidents

Cautious driving in a parking lot is the best way to avoid being involved in an at-fault accident – or any accident. Always slow down and drive more carefully in parking lots. There are many cars and pedestrians going in multiple directions in a large and busy lot, and it requires proceeding with extra caution.

Back out very slowly and watch for cars coming down the lane or backing out of other spots, as well as for pedestrians. It can be very difficult to see when backing out of a spot next to a large vehicle such as a van; when proceeding through the lanes watch for people who might be backing out with blind spots, and allow them to continue to back out slowly until they make eye contact with you. While they might be at fault in an accident, it’s up to all drivers to help stop preventable accidents.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is likely that you will both be considered to be 50%b at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is likely that since you were both reversing that you will both be considered to be 50% at fault for the accident.

    Thank you

  • tiggs

    Even though I was actually stopped and she backed into me?

  • pisssed guy

    I was reversing from a parking spot and someone came in fast and at the last minute when i was almost out of the parking spot I hit her car, she shouldn’t have been that close to me, she was trying to pass me. Who is at fault? Is it better to pay for her damages if its under my deductible instead of getting insurance involved?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Insurance adjusters use “Fault Determination Rules” under the insurance act to assess responsibility. The Insurance Bureau of Canada’s website has these rules. You can check here to see if your scenario is there.
    http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It will likely be considered your fault. Paying for the other driver’s damage and not reporting to the insurance company is your decision. Remember that there is nothing stopping the other driver from reporting the damage even after you agree to pay.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Most of the time, the driver who is reversing is considered to be 100%at fault for the accident.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Again, typically the driver who is reversing is considered to be at fault.

    thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Unfortunately, since you were the driver who was reversing it is likely that you will be found to be at fault for this accident.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is usually the driver who is moving into traffic from a parking spot who is at fault.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    Most of the time, when both vehicles are reversing, the are both considered to be 50% at fault.
    Thanks

  • Raquel

    I was parked in a parking spot and there were at least 20 parking spots still available. A lady decided that she would park behind my car closest to the entrance vs parking in a spot further away from the entrance even though this area was not a designated parking area. Now I am being told that even though the other person was too lazy to walk and felt the need to park behind me I am 100 percent responsible for the accident. I feel that the other person could have avoided this accident had she parked in a parking spot.

  • Rios

    Yesterday night I was making a small wide turn into a whataburger and it was a one lane and there was no car behind and as I was turning I see a car drive right next to me (who was behind me) and I hit the car but she could avoided it but she stepped on the gas so I could miss it but since she did I hit her as I did the turn. Who’s fault is it and since it happen in a parking lot who’s fault is it? The cop told me the rule for that in Houston is different. And also she just started a fresh new insurance a couple weeks ago and I don’t have insurance so what wold happen?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    I am sorry but I am unfamiliar with Houston laws. You are best to check with an insurance professional.

    Thanks

  • Chaitu

    While backing out for two feet from the parking lot I stopped & looked into the rear view. Suddenly a spending car hit me my car on the rear bumper. I was still within the parking lane & car was stationary at the time of collision. Whose fault it this?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    The driver who is reversing is usually considered to be at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    most of the time it is the driver who is reversing that is considered to be at fault.

    Thanks

  • RMAC

    I was going straight in a parking lot, another vehicle made a right turn into the parking lot from the street and hit my front, passenger side of the vehicle. who is at fault?

  • Vin

    Hello tonight I was parked at Citibank and it has a throughland and feeder lanes. I was back out of a parking spot clearly no one was there. My car wa in reverse and foot was on the break because the car will roll normally in reverse. So I couldn’t have been doing more than 5 mph. Now this lady came out of a feeder land and turned into the throughlane where I was half out of already and she didn’t stop and hit me car so hard and all the damage was on her car. I live in ny

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Most of the time, parking lot accidents are a 50/50 split.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    Because you were reversing, it might be that you are at fault.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Most of the time the driver who is reversing is considered to be at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    That is typical. In parking lot accidents most of the time they are settled on a 50/50 split.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If you have no witnesses It might be that the insurance company will settle it on a 50/50 basis.

    Thanks

  • Angry

    I had started to reverse a van sped behind me so i stopped – in the meantime the car on the otherside of me proceeded to reverse, i saw her so i continued to stay stopped to allow her to see me. She was not looking and procceded to pull back way out more then she should have and she hit me. who is at fault? i also have a witness my office manager was there. Now she is saying she doesn’t want to go through insurance but that it wasn’t her fault and i feel it was clearly her fault as if she would have been looking in the rearview mirror or side mirrors even for a second she would have seen me. again i had started to pull out and stopped about 30cm to allow the speeding van to pass by. then continued to stay still as the rest proceeded.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    Usually if both vehicles are reversing the insurance company with say it’s 50/50 but If your witness will state that you were stopped then the insurance company might say that you were not at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is likely that you will be considered 50% at fault since you and the other driver were both reversing.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    You would be considered to be at fault for this since you were reversing.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    It might be that it’s a 50/50 split in responsibility

  • Aw

    I was in a parking lot, I was backing into a parking spot my reverse lights were on and no one was behind me.. As I went to reverse into the spot a car pulled right up behind me literally so close that once I took my foot of the brake to reverse there was probably 2 seconds before I hit her front bumper that’s how close she was to me, she never even had time to blow her horn she was that close.

  • Katelynn

    The other day I was waiting to exit a parking lot and a car began to enter and came on to my side of the entry way so I backed up some to give them room and a car came up behind me and hit the back end of my car… who would be at fault here ?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is likely that you are at fault since you were reversing.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If you have a witnesses have them let your insurance company know that the attendant waived you through. it might help.

  • Marty Zappa

    two cars both backing out of a small parking lot would that not be a 50/50 fault and if so that means he pays his damage and I pay mine?

  • Confused

    My car was parked on the street and this lady coming out from her driveway hit my car. Whose at fault here? There wasn’t any sign showing that I can’t park there or anything. I wasn’t even parked in front of her driveway because I’m parked at the other lane in front of her driveway.

  • Jane

    I drove out of the parking lot and turned the wrong direction without realizing. I’d just drove over a couple of lots then realized I was in the wrong direction and stopped. Before I could do anything, a car backing out drove into my driver’s door. I am at fault for being in the wrong direction?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Yes it would likely be a 50/50 split. Check with your insurance company to see how they handle that.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If you were legally parked then it is likely that the other driver is at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    It is likely that you will be found to be at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Since you were both reversing, it is likely that you will both be found 50% at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Unfortunately since you were both reversing and if there are no witnesses you both might be considered to be 50% at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello
    It is likely that they are both 50% at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    sorry I misunderstood…unless there are witnesses who can corroborate that you were moving forward at the time you were rear-ended it is likely that both drivers will be 50% at fault.
    In parking lots it’s often a case of he said/she said.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Most of the time, the driver who is reversing who is at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    the majority of the time it is the driver who is reversing is at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It might be that the driver and you are both partially responsible.

    thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It’s different between provinces. In Ontario that would be considered a not at fault loss and your insurance company would pay to repair your vehicle.Check with your insurance professional to see how they handle it.
    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    it might be that you will both be considered 50% at fault since you were both in the process of reversing.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    It is likely that you are at fault since you were reversing.

    Thanks

  • Alex

    Hi, a car recently reversed into the rear of my car whilst I was parked. Unfortunately the very rear of my car was slightly outside my bay (I have quite a long car) and into the bay the other driver was trying to reverse into. Anyway, the driver is now refusing to pay for the damage done. Who is at fault here? Obviously my car wasn’t parked perfectly, or does it matter as long as I was completely parked and not moving?

    Thanks, Alex

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Most of the time the vehicle that is parked is considered to be not at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It might be that she would be responsible to pay for the damage. It would not be paid out under her auto policy.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Since you were both reversing, you are likely both 50% at fault

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Since you were both reversing it is likely that you will both be found to be 50% at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Good question. it might be that her insurance company is trying not to pay her. Provide any proof that you have that you were not at fault to both your and her insurance companies.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    The majority of the time, the driver who is reversing is found to be at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Most of the time parking lot accidents are settled on a 50/50 fault basis.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    You can try to argue but adjusters typically follow the fault determination rules as outlined in the insurance act.

  • Adam

    Hi I was reversing into a parking spot, then someone tried reversing as well and hit my car. I was almost in the spot. Who is at fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Since both drivers were reversing, it is likely that you will both be found to be 50% at fault.

  • Mike Le

    I was at a shopping centre and was going to go home. I was in the feeder lane waiting for the car that’s coming on my right to pass. The was another car coming from the left that indicated to enter the feeder lane I was on. He did not wait for that car on the right to pass and quickly turned right into where I was – hitting my right back bumper with the right side of his car. Now he is suing me for around 1 thousand dollars in damages.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    SInce it was in a parking lot it might be that you will both be considered to be 50% at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If you were not moving it is likely that the driver who hit you was at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    If you have a police report, provide it to the adjuster. The adjuster will then know that you were not at fault and you will not see an increase in your premium.

  • Desiree Fedyk

    Hi,

    I have a question about a parking lot incident that happened back in January. The weather was poor with blizzard like conditions. I had gotten ready to back out of my stall, making sure to check around me to see that it was clear before proceeding. I could see that our neighbor was in her stall getting ready to go but hadn’t moved yet. As I was about 3/4 of the way out of my stall, she gunned it to try and get past me. She must not have seen the 4ft snow drift and ended up stuck, since she was there so fast, I ended up backing up into her. She then got mad and started yelling that I hit her. Not only that but she accused me of trying to take off. Since it was a rushed thing, we both left for work, agreeing to talk about it later on. A week later her boyfriend came over asking for money for the bumper, saying that they didn’t want to go through insurance b/c she had other accidents and that it would be too costly. No pictures were taken, no damage at all to our vehicle, nothing done until now, ten months later. They are now full force harassing us to figure out a way to get money to them or go through our insurance. The entire thing makes me uneasy. What should I do?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    It might make sense for you to contact your insurance broker for advice on how you should proceed. You may want to make a claim so that it doesn’t get any more uncomfortable with your neighbour.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It might be that since you were reversing that you may be at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    This might be a 50/50 split in responsibility since both of you were moving and you were reversing.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    It sounds like the driver who was reversing is at fault but since you were not legally parked it might be that you are both partially responsible.

  • brit

    I was at a small local grocery store with no parking lines whatsoever. I was 2 to 3 cars down from the vehicle involved in the accident. I pulled out of my spot and up to the street to turn. I was directly behind the other vehicle when I was rearended. I was hit in the direct center of my vehicle. I may have been moving slightly as I was pulling up to the street to turn. The other vehicle did not honk their horn or have their brake lights on. Who is at fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is most likely the driver who rear ended you who is at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It probably will not make any difference.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It might be that you are at fault since you were reversing.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It might be that you will both be considered to be50% at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    The majority of the time, the driver who was reversing is considered to be at fault.

  • suzanne helman

    just this this morning, I was backing out of a shopping center parking space. No car was in my visible view, so i proceeded to back. then all of a sudden i backed into a passing car, who i am sure was trying to get past me instead of waiting until i finished backing out.I am sure you will say it is my fault, but with the inside backing camera i know she was not there when i started to back out, still my responsibility a 100%?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    You are correct, the majority of the time the driver who is reversing is considered to be at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It might be 50/50 split if there are no witnesses.

  • Acacia brown

    And if there were witnesses? Someone was in my passenger seat and another man saw what happened

  • http://www.insurancehotline.com/ InsuranceHotline.com

    It might help your case if the witnesses can provide a statement to the police.

  • Trying to figure this out

    Hi there,

    So I was reversing in a parking lot, which had narrow lanes to begin with, and I had checked all three sides (left, back, and right) before reversing. As I was reversing, and looking into my rear view mirror, I noticed that the car on the other side was backing up too. I had braked and was going to switch into the drive gear to avoid a collision, but she had backed up so fast that by the time I was going to shift to drive, she had already collided into my rear bumper. The unfortunate part is that her car ended up being dented and mine had scratches. is there any way I can dispute that she was at fault for not checking her mirror?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Most of the time when both drivers are reversing they are bot considered to be 50% at fault.
    You may want to check to see if the parking lot had any cameras. If it proves that you were stopped it might help.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It might be that since you were reversing that you will be at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    You can contact your insurance companies ombudsperson. They will let you know their process.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is likely that since you were both reversing, you will both be 50% at fault

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Unless you can prove that he came into your lane you might be found 50% at fault. Check if there is any camera footage from around the area that can show what happened.

  • Patricia

    I Was turning into the park and was a bit short and you could clearly see I couldn’t make it and these people were right up my ass and my indicator was still on I slowly moved back at literally at 1kmph and they went forward and we both bumped but there was only damage to my car

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    it sounds like you might be at fault since you were reversing.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    if there were not witnesses stating you were stopped, it might be that you will both be considered to be 50% at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    It is likely that the truck is 100% at fault since he was reversing.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is likely that since you are the driver who was reversing that you will be considered to be at fault for the collision.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Most of the time the driver who is reversing is considered to be at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It might be that you are liable as you were reversing.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    since you were reversing and she was parked it is likely your fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Most of the time it’s the driver of the vehicle that is moving who is at fault if they hit a parked vehicle

  • Rj90

    Just curious I was at a T section in a car park and was indicating to turn right and a car came around the corner behind me and rear ended me. Who is in the wrong?.. I believe it to be the driver that hit me but just looking for some clarification.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    the majority of the time the driver who rear ends the vehicle ahead is considered to be at fault.

  • Amanda

    I pulled into a parking space where the vehicle on the left was over the line. When I got out of the car, my door (barely) hit the mirror of the overparked car and left a small scratch. Will I be found at fault for this despite the fact that the mirror and car were over the line? I did take pictures to document. Thanks for the advice!

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is likely that you will be considered to be at fault as your vehicle made contact with the parked vehicle.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is likely that since the other driver was reversing he is at fault.

    You can check with the owner of the lot to see if there is video footage available to help your potential defense.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If you were parked and not moving then the driver of the vehicle that hit you is likely to be at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is likely that it’s the owner of the vehicle that you were a passenger whose insurance will pay.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Most of the time the driver who is reversing is considered to be at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Most of the time the driver who is reversing is considered to be at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello
    It might be that in this parking lot you may both be considered to be 50% at fault.

  • Richard

    Hi

    As I was driving out of a parking space the tail end of my vehicle clipped a door that was open with the driver sitting in the seat at the time and I am wondering if I am at fault or the person who left there door open. I’m not sure whether the door was swung open as I was leaving either but the driver claimed that it wasn’t. Any advice would be appreciated.

    Thank you.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    It might be that you will both be determined to be 50% at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    It is likely that you are at fault as you were reversing.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It might be that you will be at fault as you were reversing..

  • Upset driver grrrr

    Husband was backing up in a parking lot and a car drove in reverse, in the wrong direction down a one way lane. Husband noticed them last moment and went forward but wasn’t quick enough and our car had damage. Have witness and photos showing car was driving in reverse, and wrong direction in the lot. Now is going to arbitration. Who is at fault?

  • Sherry Pitton

    My daughter was backing out of a parking spot and was half way out..saw a car coming so put on the brakes and came to a full stop. The other car decided to squeeze between her back end and the other parked car hitting her bumper as it went through. Is she still at fault?

  • Walter

    Hi,
    I back out into someones car and damaged his car but not mine,I know it was my fault for sure but should I go through my insurance or just pay him for the damage which he said would cost about $500-$600?

  • Glenn R.

    I pulled into a parking spot, as my gender passed the rear passenger door, that passenger side door, opened, hitting my side mirror. They claim because I was in motion it was my fault. I believe it was their responsibility to look before opening their door, as if they were opening it to a traffic lane. Which party is correct?

  • Rai

    Hi,
    I had parked my vehicle and as I opened the door an adjacent vehicle came and my door brushed against his passenger door. Who is at fault? He was adamant as I hit the passenger door so am at fault but I told him as my vehicle was stopped at that time so I was not at fault.

    Thanks

  • Level Minded

    I was pulling out of a spot backwards and I hit someone that appeared out of nowhere. They took the brunt of the damage. What’s the liability percentages?

  • Wondering

    Came out of the drugstore to find my car had been hit by another vehicle. The rear passenger door had a wheel mark on it. Will my insurance company count this against me? My husband just had a parking lot accident (determined to be not his fault) 3 weeks ago. The car was fixed and other guy’s insurance company paid our insurance company back. Do I report this one? No cameras, no witnesses…just the dented body that proves it was hit by another vehicle.

  • Not happy

    I was backing out of a cr space today as a Lady left to enter the thoroughfare lane she was already half way across the intersection so as I was reversing she all of a sudden reversed back because she couldn’t make the turn as our cars collided who is at fault?

  • Angry at Insurance Decison

    My car was in the feeder lane and came to a yield at the intersection, which looks like a 3 way intersection because there were parking lines to the passenger side. The other driver was very far away and my car proceeded to move forward. The car in the thoroughfares saw my car from a far distances, (even got their acknowledge they saw my car yield and go forward from a distance), enough for you to clear the area if they were traveling at a parking lot speed, but speed up at a very quick pace, resulting in a collision to my passenger side. Their skid mark was a total distance of more than 21/2 to 3 cars length.

    The insurance company says its a 70% my car was at fault.

    Who really is at fault?

  • just asking

    it was an almost empty snow covered parking lot and I was driving on thoroughfare behind someone. They turned into a feeder lane off the thoroughfare to park and decided to go back into the thoroughfare into a parking spot across the lane. They did not check their blind spot and I ended up hitting the vehicle as I could not stop in time.

  • emma

    Was in a crowned parking lot and a car behind me was pulling out. I stopped, put my car in reverse and began moving backwards toward the soon to be available parking space. While going in reverse, another car came around the corner and hit my car from behind. Who is at fault?

  • Gillian

    I was waiting to get gas lined up behind a car at the pump. Completely stopped. All of a sudden a loud bang as a car backed up into the back driver side of my car. Is there any way to prove the other driver to be responsible for the accident? This 50/50 he said she said stuff is unfair.

  • joe

    I was halfway pulled out of my parking space when out of nowhere a car pulled behind me and I backed in to them am I at fault.

  • jj

    if (car a) is backing out and almost at a stop to proceed forward to exit parking lot and (car b) is speeding and talking on the phone when we have a distracted driving law in place there front end (car b) hits dead center of the back end of my (car a) who is at fault?

  • Mother

    My daughter was backing out of a dual driveway on the left backing to the right to proceed left northbound and hadn’t quite hit the white line yet and her friend was coming southbound and was turning into the driveway on the right hand parking space into the driveway and they collided – the friend was over in the northbound traffic side – who was at fault? Her driver bumper was hit and the friends driver side was hit near the front panel.

  • dee

    Ive trnd a corner in to a tight side street and scrach a car from his side…how far can they parkfrom a corner of a street.sum 1plz help

  • Sergio

    I was pulling into a parking spot on my right side, I opened up to the left in order to fit myself into the parking spot I desired and before I could drive into the parking spot on my right a car passes me on my right, over the speed limit and our cars collide his left side with my top right. Who’s at fault? I had a turn signal on. However the other driver claims I didn’t.

  • MHS16

    I was backing out of my park at school and I was already out of the park and she came flying by and I hit her who’s fault is it…

  • Mark Fawcett

    My car was parked in a spot at a service station in the parking bays. I have checked as I always do before I exit the car and determined there was not other vehicles in the vicinity or incoming. I have opened my driver side door to exit the my car and when the door was about half way open a car has rapidly pulled into the spot next to me striking my door against their driver side door. The passenger has had a go at me straight away saying that I hit their car and need to look properly before opening the door. I said that I had and the without due care has sped into a spot without looking for hazards first.
    The passenger has offered for me to pay him $50 and we’ll call it even. I laughed at him and gave the very quiet driver my details. Guy was looking for a quick dollar in my opinion. But since then have received a bill for $529 which I have nicely talked to their recovery agent about me not being at fault but they will not back down and seem to keep going around in circles demanding the $529 to resolve the matter. Have told them to take it to the small claims court for a touch up that by my friends who are panel beaters could have been done for about $25 with some touch up paint. Or less then the original $50 they were tring to scam out of me in the first place.
    Any advice would be great thank you.

  • mike

    I was backing into a parking spot and someone pulled in behind me to pass me, Who would be at fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    it might be that both would be 50% at fault.

  • Austin

    I live in Canada, and normally the parking lot is two “lanes” but since there is a lot of snow some “lanes turn into one. There was a truck semi blocking my view as well the snow bank and I was looking for a parking spot at my school, and I was turning right into one real lane, and just behind the parked truck there was a car. My passager window was Alittle frosty because I blew a fan. Who’s fault? Or could it be the schools for bad maintenance?

  • k

    my daughter was turning left into a parking lot and was 3/4 into it a car came from the north hitting the right rear of her car smashing the back. Who is at fault? why wouldn’t the on coming car at least slow down or stop when the car in already turned

  • ollie

    hello i was driving in a car park heading for the exit, as i drove past the entrance to the car park, a car drove in and hit the side of my car, the car park is old and there is no give way signs, is the other driver at fault, because they didn’t stop to give way to me as they came into the car park, although there is no give way signs. or should i of stoped in the middle of the car park and let the driver enter?

  • Kim

    I was backing up to pull into a parking spot and a guy backing out of a parking spot backed into me. Who is at fault?

  • Disgruntled SF

    The same exact thing happened to me and I am still in the process of getting everything solved. As of now it’s looking like a 50/50 so it will “cancel out” since both cars were in motion. So annoying because although I was coming into traffic they other driver came in from behind and definitely should have waited

  • Ashley

    If I backed into a illegally parked car in a parking lot, am I still at fault?

  • GD2977

    I backed out of a parking spot and hit a car parked in a no park, fire zone. Who’s fault is it?

  • morgan

    There was a car that was reversing into a parking spot in a drive thru, but it looked like they were going to order food at the window. I pulled around them and they backed up without looking and ran into my drivers side. Who is at fault here?

  • Laura

    Hi, I was pulling out of my driveway and my car was about a foot into the street and I had stopped due to a car being “double parked” and needed to check my visability. A car went around the double parked car and hit my car at a high speed. My car was going 0MPH at the time of impact. Who is at fault?

  • g

    i backed into a parked car that was parked in a no parking zone behind me. is this 50/50?

  • Lydia

    Hello, I was driving behind a car, when all of the sudden he stopped, put his car in reverse to park on the side of the road and collided into my vehicle. Who is at fault? I came to a complete stop behind him, but does it matter in this case (it will be hard to prove)? I would really appreciate your input. Thank you.

  • Tp

    My daughter was leaving a parking lot and she and another girl backed into each other. When I was on the phone with my daughter afterwards, I heard the other driver tell my daughter that this had happened to her a couple of times before. My daughters car was fine but the other girls car had a mysterious dent. The other girl called the police. But both of them had pulled back into their parking spaces before the cop was called. So apparently, the cop somehow claimed that my daughter was at fault because of where the other girls dent was?? Even tho my daughter and the other person wit my daughter says that They couldn’t figure out how her car was dented in that spot based on the way they bumped each other. So the cop arrives and basically concludes that it’s my daughters fault! Even tho the cars had been moved and neither one saw the other .. AND the other driver told my daughter that she’d has this same kind of fender bender a couple of times before. I’m wondering how the cop was even sure that it was my daughter who made the said dent on the other girls car? Unfortunately , where we live, it’s not surprising to hear once I found out that the cop and the other driver were of the same race , which is not the same as my daughter. This doesn’t seem fair! But I knew before she even told me what the cops side would be.

  • racheal

    Hi I was in a parking lot and a blue van stopped and started to reverse so I did same I checked mirrors nothing was there turned around to do front vision checks ie check the blue van wen I hit a lady behind me wen I looked in my rear view mirror and she had her fine in her hand so I Dont think she seen me reverse am I to blame thankyou

  • Ray

    I was reversing in a lane of the parking lot to accommodate another driver who was attempting to pull out of their parking spot. I looked in my rear view and it was all clear. As I began to reversed another car came in off of the road way into a short entrance that lead to the parking lot and made a quick right into the lane that I was reversing in. There was only about 10 from where the driver made the right onto my lane and consequently we collided, touching bumpers. The other party commented that they didn’t even have time to beep the horn as it seems to be apparent that they may of entered the lane without seeing what was around the corner. Your thoughts on who’s at fault?

  • Misty

    A car was parked in a no parking zone and I backed into them, who is at fault?

  • Alexmedvid

    i was pulling into a parking spot and was 3/4 on the way into my parking spot when the car next to me flung there passenger side front door open hitting my rear driver side tire as i was rolling to a spot who is at fault note i was visibly in my parking spot and i could be clearly seen and we was far enough apart that without the door being flung all the way open it couldnt touch my car so are they at fault or am i

  • nancy

    If I was backing out of the parking lot half way out already and I was looking that no car was coming and as soon as I looked to the other side a car appeared and I have no damages but the other car does so who is at fault

  • Tyra Sims

    I was parked east waiting in line to put gas in my car and this lady reverse her
    car going west and hit my left driver door and mirror.

  • Billy bo

    From Manitoba. I was in reverse on my driveway about 10 feet from the street and the neighbour came around the corner off the street onto my driveway to turn around. We collided. Who is at fault

  • typical High School drama

    okay so friday i was leaving the school parking lot when some idiot backed out of his parking spot and hit me as i swerved and honked attempting to prevent it. we called the police and exchanged info etc. who would be at fault? Hes trying to tell everyone it was all my fault when i feel it clearly was not, for if he would have just checked his mirror(s) we wouldnt have this problem.

  • Emy

    Hi I’m just curious who is fault in this case? I’m in the same sitiuation

  • K

    I was leaving a park parking lot and the entrance is around a corner. Speed limit is 30. I was completely reversed and there was no cars coming, I continued reversing completely into the middle of the parking lot and some car comes speeding around the corner and swerves around me into the parking stalls behind me to go around me. shouldn’t he have had yielded to me? As if there was a car in the parking spot behind me he would have HAD to wait for me to move forward.. Or should I have had to drive back into the parking stall and try again once he passes?

  • Emy

    Hi, I am in thoroughfare lane going strait heading North to exit the parking lot, and a lady from feder lane heading east to west then I hit her right passenger back door. So who is fault? Thanks

  • gla

    i was involved in a parking lot aacident… i was backing out of a parking space and the car across from me was also backing out of her parking space as well… the lane we were backing out of is one way so we didn’t see each other backing out… as a result our cars collided, with her car suffering more damage than mine. The other driver also confirmed that she didn’t see my vehicle while she was backing up. in this situation who is at fault? my concern is that her vehicle suffered more damage than mine and mine has minor scratches.

  • mandy

    yesterday afternoon i was picking my son up from school, i passed many cars already parked in the road and saw that at the very end there was a very large parking space with no vehicles in front i indicated and proceded to reverse back to the other parked car in doing so this woman
    shot around the other parked vehicles and saw that there was a car coming in the other direction
    and that she had no where to go and tried to pull in behind me i was in the gutter at the time and was checking my passenger side mirrors constantly i heard a crunch and she beeped her horn
    on getting out of the vehicle i saw that she was still out towards the middle of the road. can someone tell me whos at fault please

  • Chantal

    We rent the top unit of a property and our neighbours and I park beside each other. I was on my way to work and backed into a car. This car was a friend of my neighbours who had parked (double parked) behind my neighbours car (which was parked right beside mine). Who would be at fault in this case? I hit the parked car and no one was in it however he wasn’t legally parked (as far as I can understand). Would it be 50/50 or 100% my fault?

  • Narges Shahidi

    Hi, I had an accident in parking lot at intersection of two road. The other persons road has a way to the street which has a door and the door is always close and it has never been open since I’m using this parking lot (around 2 years). My road wasn’t also a main road but it’s parallel to the main which has an open exit to the street. Whose fault is this?

  • Taylor

    so i was backing out of my parking space and the lane was clear and some one zoomed by and parked in a no park zone or in the isle way right next to the drive throw and i back into him i paid for the damage and what not but who is at fault ? Would this be considered a 50/50 fault ?

  • I got hit

    I was stopped behind a truck withing for the car in front of me to pull on to parking spot to the left and waiting for a car to pullout 5 spaces irony of me to the right. I must of been at a complete for approx 30 sec with my got on the brake the whole time. Next thing I know I have truck backing into to me on my right side I honked before she hit me, as she hit me and pulled forward. Who is at fault?

  • Dottie

    I was leaving a parking space at an apartment complex, had backed out and was putting the car in drive when another car came, hit the speed bump without slowing and didn’t even hit the brakes, slamming into the side of my vehicle. It was a foggy night and the parking spaces are at a right angle to the lane. I wasn’t moving when he hit me. He stayed long enough to exchange some information but left the scene before police arrived. Who should be responsible for the accident?

  • Don

    Good afternoon, I was backing up into parking lot to allow traffic on main rd to go through and while doing so, the other driver snuck behind me to make a right turn and I hit the driver’s door.

  • texas driver

    I was pulling forward in a spot and the parked car next to me had her door open and touching my vehicle. When I pulled forward her car door hit my vehicle and caused damage. Who is at fault here?

  • Lise Evelyn Vivian Gaudet-kenn

    Hubby was driving into the parking lot and some lady didn’t stop at the stop sign and drove into our lane.she ending up hitting our vehicle.gets out blaming us when clearly she’s still in our lane.whos at fault?

  • upsetdriverdriver

    Hi, so I was completely backed out of my parking spot, and as I was shifting into drive-still rolling slowly in reverse- another car who was just starting to back out hit me before I could shift forward. Nothing happened except some information being exchanged. 9 months later and she’s billing me with damages. How should I solve this because I honestly feel that I wasnt at fault at all. the pictures that she sent me were also at a different location then where the incident occurred. I hav the littlest scratch on my car and the pictures she sent me the damage honestly looks a lot different than what my car went through. N keeping in mind it was a parking lot accident so the speed limit was very low.

  • maddriver

    I was fully backed out of my parking space and as I was shifting into drive, still slightly rolling in reverse, another car started backing out and collided into my car. Nothing was reported until recently. that happened 9 months ago and now she’s trying to send me a bill to pay for damages. How should I handle this when I dont feel like I should pay her anything

  • Sam M

    Hi, I was half backed out of a parking lot and a car came from the side and I stopped but the other car front bumper corner hit my back bumper… even the guy himself said “I didnot see your car back out” .. who is at fault?

  • WrongedMom

    My 19 year old son was driving straight down the through lane (in a parking) and the other car was turning right and hit him. However, there were witnesses saying the he was speeding in the parking lot and squeezing his tires. Which he probably was. However, at the time of the accident he was just driving straight. Who’s at fault? The officer said he wasn’t able to give him a ticket because it was on private property , but he was going to ensure that the insurance company knew that he was not a safe driver to increase his rates. Is this possible?

  • pissed and screwed

    I was driving through a Pizza Inn parking lot and a driver backed into my front passenger door. The insurance company has refused to pay for the damage to my truck because they said it’s, a he said she said. Even tho the driver told the Police and the insurance company he didn’t see me it wasn’t his fault because I was coming around the corner. Which is a lie. The police report said the other driver struck my vehicle but they said that doesn’t matter because their client didn’t see me when he was backing out. This is nuts. What can I do. Progressive Insurance is a fraud. And State Farm, that I have had for many years are worthless. They just tell me to eat my deductible, BS.

  • JonG

    I was driving in a thoroughfare lane and got t boned from a feeder lane. Damage was substantial to my car. Police says the other driver was at fault and he admitted to it. My insurance company called me back today though and says the other insurance company will fight it back most likely, resulting in me paying my deductible and most likely raising my rates. Does this make sense even though he had the yield and I had the right away? Not to mention he must have been going sort of fast to have not had time to stop and cause so much damage to both cars.

  • cali girl

    I pulled into a parking lot so I was on the main drive way. A car pulled out in front of me into the lane opposite of me but was going the same direction as my vehicle. Unsure of what they were doing I kept going. Turns out they were making a wide turn from one parking lane to another so they can park in a space they wanted. Making a circle movement almost . That’s why they went the wrong direction in the lane next to me. Who is at fault? They clipped my back left bumper and it scraped their front right fender.

  • Bailey

    I was driving in a thoroughfare lane heading to exit the parking lot onto the service road and someone in the feeder lane was speeding and flew right infant of me and we collided. There were no stop or yield signs on either side. The police said since it happened in a parking lot right of way cannot be determined so he didn’t even file a police report and said it is up to the insurance companies. Can this actually be viewed as my fault?

  • Bailey L

    The same thing just happened to me, I’m furious. Currently waiting on insurance companies to decide. Best of luck!

  • Mike59642

    After checking for any cars before leaving the parking space and turn my head back to make sure, I proceed to back out of the parking space. A few seconds later, I heard a horn and immediately hit the brakes and came to a quick stop. About another second later, I felt something hit my car from the back. The car came from the blind spot of the car where the beams covered. The lady that was driving the car came out of the car with earplugs in her ears while holding her phone which meant that she might have been distracted. The parking lot’s feeder lanes are quite narrow. In this case, whose at fault?

  • Really

    I was backing out of my space and had not gone more then a foot. A truck traveling very fast and swinging wide, so that he could pull into a space, scarped my painted bumper. The truck was not in my line of vision when i looked and proceeded to back out. His tire scraped my bumper and I did not call the police because I thought the mark on my bumper was just rubber from his tire. Later, when I could not remove the mark, I discovered he had peeled the paint off. At the time the other driver said he had good insurance. I took that to mean that he admitted fault, for A. speeding in the parking lot and B. swinging wide enough to almost clip my car before I even backed up. Now 2 weeks later the other driver says, I hit him. There is no damage to his tire. I on the other hand need a rear bumper painted! Should I file a police report?

  • Really

    I agree Jr. Every situation is different. Cars moving out of spaces have limited vision. Cars traveling too fast through parking lots can be there in a second. They can see you much easier than you can see them!

  • Jose Rodriquez

    I was parked behind a truck, we were both parked the wrong way. As he took off its emergency brake he hit my car. When i approached him he said he didnt hit me & took off? Am i at fault too? Since we were both parked wrong way

  • article19

    I was reversing out of a parking space, I was completely out, the nose of my car already facing left to exit the parking lot when I hit another car. The right corner of my rear bumper hit the passenger side door of the other car. The other driver clearly saw me backing out but instead of stopping he tried to drive around me but didn’t have space. who would be at fault?

  • Dan Krug

    OK my son was pulling in to a parking spot and the car behind him decided to pass him and when the did the turned into my son’s front fender to avoid hitting another car the police report states the lady of the other vehicle admitted she was at fault but the insurance only wants to pay 70% of the repair cost anyone got some input on this ? The accident happen in a school parking lot in ILLINOIS

  • Meg W

    I backed from my parking space into a parked scooter that was not pulled into a parking space. I could not see the scooter from my rearview mirror. Also, this is a private lot for staff of a school. This person is a parent of a child at the school, but not on staff. Who is at fault?

  • BMW

    Hello, I just bought a car and not even a month that I had it, this car backed up to my car and made a dent on the hood, one of the air vent in front is broken and pushed in. And the hood is harder to open. I didn’t get a permit parking for my car yet because I was getting repairs done it and wanted to wait until after the repairs are done. I have two cars. My car was parked in a no parking space. I had my friend parked there because where I live, all spaces are reserved. It was on sat morning when my friend came to drop off the car because they are fixing my car for small repairs. They needed to move my car so they can work on other cars. So they drove my car back to my place and parked it in the no parking space. I had to leave to work in the AM after they dropped it off. I didn’t have the key to move it, so I thought my car should be fine here for a day or so. Later that evening around 7pm. I came home from work and that’s when I saw the dents on my car. Whoever hit my car didn’t leave a note. I kinda figured out who it was. Minutes later, the person I figured that hit my car pulled up and parked in their spot. This lady came out and was looking at my car for a good minute looking at her car and mine. The face she had was “Yes I hit your car, but I am not claiming it. They don’t know who hit it, so I won’t do anything”. I was upset. So I called in on monday to speak with the manager of the apartment because they open on mondy-fri to see if she was able to get a video of who hit my car, because where i live, there are cameras. She was able to find out who hit it and she confirmed that it was the lady who backed up to my car. She came out but then drove off. I already got a claim # from my insurance and yes I did a police report. All I need is the video to send to my insurance and for the police report. But what I want to know is, am I at fault because my car was parked in a no parking space. There are no guest parking here.

  • Jackie Blair

    I was picking my sister up from work I was parked and the other car was parked too when my sister opened the door to get in my car the wind blew my door opened and it hit the other car who is at fault

  • Henry Canitz

    Did you fight this and if so did you win?

  • Mamaclc

    My teenage daughter was sleeping alone in our car that was parked in a stall. (We pulled into the stall). After awhile our friend attempted to back into the stall next to us. Simultaneously my daughter opened her door to exit the car and our friend was backing into the stall. She hit the door (thankfully not my daughter) and although no visible damage was done to the door. Her rear brake light was broken.

    I don’t know who is at fault for this and because they are good friends it’s very sensitive. Please help us.
    Thank you. We live in Hawaii

  • Gary Rogers

    my partner was positioned in a feeder lane and was REVERSING INTO A SPACE when a driver from the thoroughfare turned into our feeder lane as my partner was reversing and collided into our vehicle, denting the passenger side door – who is at fault? my insurance company seem to think my partner is but this seems like madness

  • Jamie Borts

    I was walking to my car in a parking lot and a guy didn’t watch when he was backing up almost hit me

  • Judy Cohen-Vinals

    My daughter was backing out of a parking space in a crowded high school parking lot where a sporting event was ending and everyone was leaving at the same time. She claimed she was proceeding very slowly with noone behind her when all of a sudden a car driving in a lane, rammed into her backing out. The driver said she was there first so she didn’t have to stop. She didn’t honk her horn or let my daughter know she was coming. Both girls left the scene of the accident upset, and now her father wants to claim us at fault. First question, since they left the scene, can anyone claim anything. Secondly, who would legally be at fault.

  • Cassie

    I was turning in to a parking lot and a car backed into my car.. who is a fault? I thought cars driving had the ride a way.

  • kyle

    I just backed I to a moving car in the feeder lane pulling out of my parking spot.. but he was driving on the wrong side of the lane .. if there is such thing as a wrong side .. I Mayne pulled a foot out

  • licc

    Hello, I was reversing into an empty space in a supermarket car park and another car was badly parked taking up their whole bay and the rear of the bay I wanted to park into. As I reversed I clipped their tail light and cause minor damage. Who is at fault here. I know I most definitely should have analysed it better but I wasn’t aware just how badly the other driver had been parked until I clipped them.

  • licc

    I also have picture evidence that the other driver was badly parked.

  • Momo

    But a car can start pulling out and the feeder lane is clear only to have someone come driving too fast down the lane and hit it because they see the person pulling out but don’t want to stop or want to get around them or think the driver pulling out can see them and will stop in time. I mean if you’re backing out, at what point does an oncoming car in the lane need to stop and let you finish pulling out? Not to mention sometimes cars just entering the feeder lane will want your parking space so it would be silly for you to pull all the way back into the space as soon as you see them in the lane. I think this situation is a 50/50 fault. The incoming person has clear vision ahead and should proceed with caution and not expect the driver to be able to see them (especially around large SUV’s or trucks). The person pulling out should pull out very slowly and survey both ways constantly and be prepared to stop if a car or pedestrian shows up behind. But once a car that is pulling out is more than say, 50% out of the spot, I think the oncoming should just stop and allow them to finish pulling out. It is a matter of folks needing to cooperate with each other. And people drive way too fast in parking lots.

  • Momo

    I would say he was at fault because it is idiotic to pass someone on the right and it is logical that if you were more to the left with an empty spot in front of you that you were going to turn right.

  • Momo

    Well sorry but that one was you 100% because the car was parked however badly you could still see it. Maybe you should not be backing up into parking spaces. I’m kind of shocked you’re saying you backed up into a parked car and want to know who is at fault, like you seriously don’t know?

  • Momo

    Sounds like it was a 50/50 because you could see him with his lights and could have stopped. But if you stopped and he continued to reverse then his fault because he should see you there. But I mean even though you have the right of way doesn’t mean you can plow down the rows. I think some folks think that means it’s a personal free for all.

  • Momo

    I was walking in the parking lot to my car and there was a minor accident in my row and a woman driving towards me was craning to see the accident but kept driving forward and nearly hit me. What an idiot.

  • Figment Imagination

    I just had this issue today! Some guy almost hit me when I was pulling out of a space and I was going slow. I can’t understand how the main lane has right of way when they have all most 100% visibility. He old have stopped, and was driving too fast in the parking lot anyway. But when you are pulling out of a space in a car you can’t see traffic on both sides at the same time. Good thing I pull out slow and was stopping anyway. I think it’s the driver with the most visabilitys responsibility to look. And would be more there fault for not looking for cars pulling out. I mean you are in a parking lot. People will be trying to leave, you need to look for that.

  • Death2Righteous

    My incident was fantastic. Got into my vehicle, seatbelt on, vehicle turned on, looked into the left and then the right mirror, then the rear view, then over the left shoulder, then the right shoulder, then put my arm behind the passenger seat turning my body to see that nothing was there, in which there was not, started backing out slowly, yet the vehicle parked directly behind me quickly pulled out being much smaller than my SUV, and she hit drive and ran into my bumper. She then proceeded to harass me, “Do you even have insurance?!” Then “Oh, you’re military. Thank you for your service but I could be a real b**** about all this but I was already in a hurry because I have a patient waiting on me.”
    Instantly showing me that she wasn’t paying attention at all, but I still told her I’d take full responsibility because I knew even if I didn’t this being a no fault state is still get charged for the account. Also, her turn signal headlight was broken, my bumper completely covered in her Mercedes paint and scratches all to hell.
    I’m 27 and only had one other occurrence due to the other driver, no tickets on the record either.

  • Shawn Jabro

    I have a situation where I backed out of my parking spot and after I fully backed out of my parking spot and was at a complete stop putting my car from reverse to drive another car backed up into me and hit my car. She started lieng and said that I hit her car and I’m taking her to court for it tommorow. I’m 100 percent sure she hit me but with her lieng I don’t know what to do…. with the damage on my car and the dents left from one another the dents speak that force struck me leaving me at the dent. What should I do? I want to have an expert look at the pictures from both cars and have them say how the dent would of been if I had struck her to show the judge she is a lieng piece of shit. Please I need someone to help me with this. I was also already completely in the lane when she backed up and hit my passenger side rear end of my car.please help if you know any laws or an expert that can help me.

  • MaryElaine

    Car pulls up behind parked car in a parking lot. Parked car’s driver is in the driver’s seat. First driver puts car in park, while pulled up behind parked car, exits the car and walks away from car for a minute. Driver in parked car does not see car behind her in back up camera. Backs out of space, hitting car behind her. Who’s at fault?

  • Lynn Greene

    I was backing out of a parking lot when a driver cuts across parking spaces behind me to get to a space to the left of me. Who is at fault?

  • stewham

    My wife backed out of a parking lot after a vehicle had passed her by. When she started to back out she saw the car coming backwards towards her – she stopped and honked, but the other driver kept coming towards her backwards and struck the rear of her vehicle. Who would be at fault in the scenario? Thank You!

  • Kyle

    Hi I it some one to say we were stop at a red light and the light turns green we we’re turning right and all of a sudden the car stopped fast and I hit her and at this light there is no on coming traffic it is author turn left or straight or right when it turns green can you tell me if this is my fult

  • castillo

    I recently had this happend to me a few days ago i was parked in a liqour store parking lot and as i was backing out a car happen to get behind me and i hit his wheel with my tow hitch i had no visability due to a van that was next to me i was in reverse and going slowly whos fault is it and wat can i do to avaid payin him or insurance claims?? Please help

  • Joe

    I was in my neighborhood parking lot, backing into a parking space and a man driving from the thoroughfare (had a stop sign). Tried to drive around me because he “thought I was turning” to the thoroughfare. My vehicle was at a complete stop, but my reverse lights were on. While I was stopped getting ready to back out he started scraping my back left quarter panel. I believe he was at fault, especially since he had a stop sign. Can someone give me some feedback? It’s taking the insurances a long time to determine liability.

  • not a happy camper

    When in a parking lot who is at fault when one driver is pulling into a parking space and the other driver didn’t look but still opened car door. Apparently there is $2500 damage

  • John Henry

    Who’s at fault when reversing out of a parking lot and you strike a vehicle /van that is too long to fit into the parking bay and the front of this vehicle/van is sticking out over the parking bay line by about a metre? There was no damage to the vehcle gently reversed into.

  • Jeff

    i was parked across someones driveway in a new development area as it did not look like anyone was living in the home. They backed out of their garage and
    into my car and damaged it severely, who is at fault?

  • Katy

    I was backing out on the driveway and i looked in my mirrors, but then by the time i saw a truck parked right behind me, I tried to stop but I hit the truck. It turned out it was unattended and the owner was eating donuts in the middle of a driveway on the road. WHose fault is it?

  • Erin Owen

    Okay. here’s my story: I was backing out of a parking spot. Did shoulder checks. Clear. Crept out a little for better visability. Shoulder checks. Clear. Continued with backing out. Slam! I back into a minivan. The thing is I hit her car on her passenger side sliding door. My car was 2/3 out of the spot and I never saw her coming. My car was hit to the left of my license plate so I was already in the turn. She was driving on the wrong side of the lane (should have been on the right side for the direction she was heading. My feeling sped up rather than let me pull out. Am I still at fault? She was quite a bully afterwards and I’m concerned she’s trying to hose me for more damage. Should I fight her?

  • Chris MacDonald

    I was pulled out forward of my space. A truck decided to back out. I honked at least 5x and when I realized he wasn’t going to stop, I tried to reverse but it was too late. He smashed the front of my hood and caused major damage. When he got out of the car, he tells me that he is “deaf” and didn’t hear our horn and that our “baby car” was too small to see (that is what I understood from him). I feel he is 100% at fault….he is deaf, didn’t hear the horn, backed out when unsafe to do so. If he’d heard my horn, the accident never would have happened.
    However, his insurance is trying to say 50/50. YES, I saw him coming & I tried to get him to stop (honking) and he didn’t because he’s deaf. How is that 50/50? There was nothing I could do to prevent this.

  • tiffany

    Hi,

    I was at whole foods reversing into a parking lot (rather than head in) and out of nowhere this car comes and hit me from the back. I braked but not in time so there is a tiny dent and scratches. I was going real slow. She had no reason not to see me. She claims she thought I was parking into some other spot… Whose fault is this?

  • Amber Higgins

    Did you ever get this settled? This is the exact same thing that happened to me today.

  • Karch Hinckley

    Question we were in a parked car and I opened my door and another car hit my door as it was pulling in. I would believe it would be my fault am I right? If you could email me my email is karchhinckley@yahoo.com

  • Heather Clarke-Vinlove

    Did you ever get an answer to this question?

  • Heather Clarke-Vinlove

    Did you get an answer

  • olive m

    Hi saturday i was at work my motorcycle was parked and a young girl backed out of her space and right into my bike and fell off the stand. and smashed the leftside and damaged it . and she said it was my fault .How

  • KN

    Hi, Here is my story, I took a left turn into my apartment complex, mind you this is entrance only side. There was a car trying to exit using the entrance. We hit and our bumpers tapped and had some minor damages. He comes out and asked me to give him my information and he said I hit him, I pointed it to him that he was exiting through the wrong direction. We exchanged numbers but he said that I was coming in too fast and it really doesn’t matter if its entrance only as it was private property. Is it true that Entrance ONLY signs do not matter?

  • Chris MacDonald

    HI Karch…I am no way an insurance expert but this exact situation happened to my girlfriend. The car who opened their door was found 100% at fault, as they did it when unsafe to do so. I know you probably didn’t want to hear that but that’s how it was decided in her case.

  • grace919

    This is actually what happened to me yesterday. May I ask who as deemed at fault after the investigation. The insurance of the driver that hit me is only accepting 70% of the blame. Thank you.

  • civic99

    Hi- As I was walking towards my car, I noticed a white car pull in to the parking log, veered to the left and into a parking stall. I saw her reversing out of that stall and she drove forward back to the direction of where she originally pulled in. After I saw her pull forward, I began to reverse out of my stall. The stalls are parallel. There was a parked car to the right of me as I was reversing. Once I had full view of my right side, I saw same white car reversing towards me. I immediately stopped and honked my horn for it seems like 2-3 seconds, but she still hit me while I was stopped. The damage was to my passenger rear door and the damage to the white car was on her passenger rear right bumper. When I backed out, I was still parallel to the stall, I didn’t get a chance to turn my wheels to the right yet when I saw her reversing towards me. So , she hit me when I was stopped not while i was in motion. The other parties insurance company will accept 70% of the blame. I understand that when 2 cars are reversing and hit each other, both parties are to blame. But I was stopped, when she hit me. Does this parking lot rule still apply to me? I feel the other party should be 100% liable for my damages to my car because she admitted to me that she was not looking as she reversed. But of course, I can’t prove that. Its my word against hers.

  • Justin Lipford

    So I got in a accident where I was trying to get in a parking spot and a car that was driving over 50 mph hit me in the side of my car whose at fault he says he had the right of way but when I attempted to park he was at a distance to where I would have been safe but he was going so fast that he hit me before I could even get into the parking space who do you think is at fault

  • Alison

    LMAO, wondering the same thing, it happened to me today. From what I understand, the person backing up is always at fault but I feel like that’s a bit silly. I don’t mind admitting when things are my fault, but the guy I hit was clearly speeding. I feel like at the point when the other person is obviously speeding, it’s no longer the person’s fault who’s backing up.

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