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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.

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Q: I live in California i was driving through my apartment complex when i was hit in the front driver side corner by a person backing out of a parking spot. Am i at fault?
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My neighbor just backed into the drivers side of my car backing out of our lot at our apartment while i was driving in. who is at fault?

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