Usually their is no fault associated with parking lots. I'm sure your insurance company looks at it as your fault.
It would be the person driving fault because it is like the same thing as driving and hitting someone.
The person driving in a forward direction has the right of way. If you are backing up, you must wait until traffic is clear before moving. Similar to a rear-ender, when the person hitting someone in front of them is always at fault.
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.
Yours. If it was stationary and you hit it then it was your fault.
most of the time the person already in the 'driving lane'' having possession of that lane, other drivers have to yield to that person...however if someone were speeding more than likely will be a comparative neglience assessed to someone as well........
If my memory serves me correctly, it would be the fault of the driver who was in reverse if that driver struck the other car mostly on its broad side. After all, the driver who is pulling out of a parking lot has the right-of-way as opposed to someone in a parking spot. As far as an insurance claim goes the drivers would have to have insurance, and the driver who was struck would want to make sure they were driving within the bounds of the law (such as observing posted speed limits, stop signs, direction arrows,etc.).Hope this helps.
The person who cuts across parking spots, it's illegal. If the parking lot is private property the damage caused in an accident is a civil matter not a legal one in most cases. Traffic laws do not extend to private property.
The person backing out.
The one in reverse is most probably at fault here!
You were driving in a parking lot and a shopping cart hit your car. Did someone push it out in front of you or did you hit it while it was just sitting there waiting for the parking lot attendant to come get it out of the hot sun. I would guess the driver of the car is a fault since a shopping cart is an inanimate object.
If he was driving forward past his intended parking space to take yours, then he is at fault. Cutting across is not permitted in parking lots although many people do it anyway.
Well if you were backing in and hit someone then it is your fault. But if they hit you, then it is their fault.
I believe it could be both persons fault. If you're driving and someone decides to jump in front of your car it's not you fault. If you're driving and aren't being careful or just can't stop in time, than it's your fault. -Bobbbbbbbbbbbbbbbbb
Both of you are at fault to a degree. Depending on who primarily had the right of way, which in this case sounds like the person not in his or her parking space their insurance will actually be responsible for any damages that resulted. We are disputing this situation now. The insurance company says it was both parties fault. My question is, If I am traveling the interstate in the wrong direction and hit someone is it partialy their fault because they should have seen me coming? Wrong way mean "WRONG". I went through this exact thing, when a snowplow went up the wrong way in a marked one-way part of the parking lot row and hit my car as I was backing out. I thought for sure he would be held responsible. I wasn't expecting a truck from that direction. In the end, I was found to be at fault for backing out into him.
In general, the driver who is backing is considered to be at fault.
The driver of the parking car is at fault... he shd allways keep a man to inform him about danger, whenever backing in such a speedy street....
Backing up--it is your fault.
Situation dependent, but it really comes down to their insurance company vs. yours... the police won't issue a citation on private property.
The unfortunate thing about accidents in parking lots is that they are usually deemed 50/50 fault in most cases, without consideration of the facts. Your best bet is to have a witness, video surveillance, or security staff who witnessed the incident to testify in writing on your behalf if you truly believe you are not at fault. Your insurer will have no choice but to ammend your policy to reflect as such.
In most circumstances, the backing vehicle has the greater duty of care and would be found at fault.
If you are driving the backing car, no matter WHERE the other cas is located, YOU are the one at fault if you collide with it.
If they backed into you, it's their fault. Failure to yield.
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
if the car b pulls in out of no where and with out the signal is car b fault