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Originally you are At Fault unless you were in the process of backing up before the offender had arrived. If however he was present before you started to back up and claims he was unable to stop than you were at fault. GOOD LUCK IN COURT :)

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17y ago
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13y ago

The driver.

Another View: It depends on the circumstances of the collision.

If the door struck the side of the moving vehicle, then the person opening the door of the parked car is at fault.

If the moving vehicle struck the open door of the parked car, then the moving car is at fault.

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16y ago

the person driving on the road has the right of way, which means he/she goes first, therefore you are to let the person pass by before backing your vehicle

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Q: Whose at fault when pulling through a parking spot and the car to the right of you is getting out of there car?
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