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techinically, the car backing up is At Fault. as the car going in reverse, you are supposed to be aware of your surroundings, and the car behind you, has the right of way, whether the were still or moving doesn't matter.

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Q: Who's at fault if you're in a secured parking lot and the attendant asks you to back up and you hit a car behind you who wasn't paying attention and no report was filed but they went to dealer repair?
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