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Who is at fault for a collision when two cars are backing out in a parking lot?

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2005-09-21 22:08:47
2005-09-21 22:08:47

Its logical.........the person who backed out while the other person was at it!

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The person backing out of the lot. Cars in the travel lane have right of way.

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Both partys are at fault and each party will need to file there vehicle under there own insurance. Parking lot accidents are always share fault unless one of the vehicle was parked, but since both vehicles were backing out at the same time, both partys are at fault unless you get a kind person to admit it was there fault.

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Rule of thumb: if two cars are in an accident and only one of them is moving, it's the fault of the car that was moving.

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you are backing and they are going forward in the lane? more than likely it will be you, that is deemed 'at fault'.......the party backing must use a higher degree of care...doesn't matter (in this instance) that you are hit in the rear.......

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I would be interested to see how this plays out. I know my dad was backing out of a parking space slowly because he had two larger cars on either side of him and a driver was driving down the lane in the parking lot and rearended him. The other driver didnt stop for at least 20 feet so he was going pretty fast, but they still gave my dad the ticket for unsafe backing. But if both of you were backing out in a parking lot I dont know how that would play out. Did you guys call the cops? I suppose the cop could have given you both a ticket for unsafe backing??

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It is not rare to be in this particular situation. Really, you are not at fault, but you still shouldn't get angry at the other vechicle's driver.Another View: Not enough information is given in the question. If the other car was stopped and waiting for you to back out and YOU ran into THEM, YOU are at fault.If both cars were in simultaneous motion (they were pulling in while you were backing out) BOTH parties are at fault. One for not yielding and the other for backing without caution.

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It is the persons fault for entering your private driveway.Another View: If the collision occurred on private property, the insurance companies of both cars will be involved. As a general rule, the driver of the backing vehicle bears the responsbibility for making sure that he can safely proceed in reverse.

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If a parked car is hit my a moving car, the moving car is obviously at fault. If a moving car is hit by a car backing out of a space, the second car is at fault for failure to yeild, as the first car had right of way. If two cars are backing out and hit each other, it may be hard to determine who's at fault, as both driver's vision may have been compromised.

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Both drivers are at fault because backing requires utmost vigilance to see and avoid hazards. Being "out further" won't be the deciding factor, unless it can be shown one or the other drivers should have seen the other because of the positions, failed to do so, resulting in the collision.

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I would say probably the person backing out, as they should of looked for any oncoming cars before backing out. ---- The person backing out of the driveway who did not yield to oncoming traffic.

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Were you backing and they driving forward in the lane? If so more than likely you will be deemed the higher degree of fault. Vehicle that are reversing are required to use a higher degree of care. More details and I might be of greater assistance to you.

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Generally you are both equally at fault unless (1) it can be shown that one of the drivers did something that was negligent or (2) if it can be proven that one of the drivers had a clear opportunity to avoid the accident and chose not to.

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Were you both backing at the same time 'at impact'? Will depend on where damage is etc, but assuming both backing and bumpers hit more than likely will be a 50/50 liablitly decision made.

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If the driver had hit a pedestrian or a car that was sitting, waiting for a stoplight, who would be at fault? The driver is responsible for whatever he hits. While the parked car will get a parking ticket, that is not a "moving violation", and cannot be considered the cause of a collision. Drivers are responsible for avoiding ALL obstacles, even illegally parked cars.

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Need more information, where is your damage exactly, where is the other partys damage/impact. If you had control of the lane, then the other party will likely carry the majority of fault. If you could give me more details I could be of greater assistance to you.

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That's their fault they should look out first before they do anything, some people shouldn't drive and if they make any damage then they will have to pay for what they have done!

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That's a pretty general question and laws vary from state to state, but in Florida (and I believe in general), any accident that occurs in a parking lot follows the same guidelines as any other accident. A person can be cited or found at fault for improper backing or any other offense in a parking lot. Usually, the fact that an accident occurred in a parking lot is only important in determining agency jurisdiction. In many states the police will not come to an accident that occurs in a private parking lot unless there are injuries. It is very important to secure witnesses that were not in either car to help make your case. In the event where two cars back into each other often times the person who is farthest out when the collision occurs is not at fault. Almost always a person who backs into a vehicle that is traveling down the isle is at fault.

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Collision generally covers you in collisions with other cars or property; comprehensive generally covers you in accidents that don't involve other cars, such as animal hits, weather-related losses, and theft or vandalism. So you are covered under collision coverage !

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Yes, you do not have the right of way to a car coming down the aisle, it is your responsibility to look for cars. Now if your almost all the way out and changing into drive from reverse and a car hurtles down and smashes into you then I am not sure whose fault it would be.

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HOW DO I GET MY NEW CARS DELIVERED TO MY PARKING LOTS

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Yup. Both of you are at fault, and will most likely have to use your own insurance to repair your cars.


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