It depends on how the insurance companies of each driver sees it. You both could be charged with "undue care and attention", or the person backing out did so in a hurry and hit you, it would be their fault. If they hit you on the side any part of your car such as a back fender (meaning you were well out of your stall and they just backed into you) it's their fault.
In many state jurisdictions, such as Georgia, police are required on the scene. Although, many time an incident such as this occurs on private property and a police officer is unable to issue a citation. However, they can issue a police report of the incident. many times this is used by insurance companies to establish fault. If fault cannot be established then each insurer would default to their own coverage.
Mark Link, PC
A vehicle traveling in a parking lot has established use of the lane and the right of way. A vehicle in a parking space and backing into the lane must yield to oncoming traffic. Therefore, if a vehicle is backing out of a parking space and pulls into the path of an oncoming vehicle that has already established the lane, the vehicle backing would be at fault for the accident. However, if the vehicle which established use of the lane had an opportunity to avoid hitting the vehicle backing out of the space and failed to do so, there could be comparative negligence on both vehicles or on the one who had the opportunity to avoid the accident.
Both of you are probably at fault. If you see another person backing you should stop and signal the other driver if possible. Otherwise stop and wait until that driver completes his backing maneuver.Added: It is the obligation of the backing driver to ascertain that his movement does not interfere with any other vehicles. In this instance, you both apparently failed to do so.
The person at fault would be the one backing into a parking space. Because they are going to look at it as, your supposed to pull into the parking space front first, not backing in. So it would be your fault. But I'm sure that both of you would get a ticket or something else, because they hit you, and you are violating parking lot conduct.
Generally, the person backing out is at fault. If you are both backing out you're probably both at fault and will probably share the cost of repair, with each repairing their own. yes because you were backing out and they hit your car its their fault!!!!!!! yes because you were backing out and they hit your car its their fault!!!!!!!
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