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There is a lot more to determining this, but both parties will be partially At Fault. The person behind the other car had the duty to try to get out of the way, the person backing up had the duty to see before he backed up. If it is as simple as stated, it would most likely be 10-20% fault for the person who got hit, 80-90% for the person backing up.

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Q: While travelling on a road inside school grounds. Approach a car park to right car waiting to turn Car pulls out of a car park hits right hand side of the car Who is liable?
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