Who is at fault if you are hit in a parking lot by a car that is pulling out and backs into you?

The car pulling from the parking space is at fault

the car backing out.

no matter where a vehicle is parked, the moving vehicle is at fault every time.

The person who drove their car into the parked car.

In general, the driver who is backing is considered to be at fault.

the car that is backing out because they have to yield because the others have the right of way.

I beleive, whoever's car is moving (wheel-wise), is at fault.

It would be the car who has driven past, then reversed into you.

I would have to say that technically it would be the driver pulling out of the parking space. TECHNICALLY speaking that is. The insurance companies would probably try to say it is an equal at fault accident maybe.

Depends on the jurisdiction, but typically, two vehicles backing up is a 50/50.

The backing vehicle is at fault. We are always supposed to look to ensure the path is clear before placing our vehicle in motion.

If you are pulling out and hit the other car.....you are. Person in the lane has the right of way.

If you were legally parked, the person backing up is at fault. If you were in a "No Parking" area, you are at fault.

At least in PA, the person backing up is at fault, no matter how stupid the other driver is. My brother got burned backing up and hit someone speeding through the parking lot. to the best of my knowledge, all parking lot accidents are 50/50.

The legality of the spots geneally have nothing to do with the liabilty for the collision, and the decision would likely be made as if they were both legal parking spots.

It depends. If they hit you with their door, it's usually their fault. If you hit their door with your car, it's most likely your fault. That said, the burden of ensuring the way is clear is ALWAYS on the reversing vehicle.

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!!!!!!!

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.

This can go either way, most often it is the person who was backing out that is at fault. witnesses would be great to prove this is what happened.

Yours. There is no way for the other car to anticipate you exciting your vehicle, but you could have checked if a car was pulling in before opening your door. Answer correct. the party needs to yield Right of Way. They entered into your lane of travel,

First the insurance companies will assess responsibility. Then, if you are unhappy with that outcome you will need to sue in court and let a judge decide.

The person pulling out of the driveway is at fault.

it is not the trucks falt because the carstopped behind the truck when they new it was pulling out

Sounds like Car #1 is at fault

If you strike him - you are at fault. He can be charged with the No Parking violation but YOU are charged with the collision.

The car that is reversing out of the parking.

These types of incidents are the hardest to determine fault. Make sure to get any possible witnesses to help you out, preferrably people that were not in either car. Usually the person that was the furtherest out is NAF but that is not iron clad.

The fault is at the person who opened the door. The person pulling in. They should of know you were coming out the car and waited then park.

No, car b had the right of way. It was driver A's responsibilty to ensure his path was and remains clear while backing out of a parking space ---haha "is this fair?" of course not, 'fair', but car B is just what you call an a$$hole. legally, car B is not at fault (how does car A's attorney prove car B saw you...just cant)

The car that is in motion is ALWAYS at fault.

The driver is responsible for the full damages. Your car is motionless. A prudent driver driving reasonably should look into a rear view mirror before backing up. In this case your illegal parking did NOT contribute to the negligence of the driver.

Generally the person who's car is in motion at the time.

need more info however if you were in the process of parralel parking , had pulled up to the car whose door opened into yours and the other driver opened the door while you were backing up then they are at fault and must pay you. If they were illegally parked (ie too far from curb- check local law on the distance -usually up to 18 inches from curb-, in a handicapped parking spot and…

Whomever caused the accident is generally considered the at fault party. It does not matter whether or not your in a parking lot.

If you are pulling into traffic, from a being parked, you have interrupted the flow of traffic. That's the tricky part about parallel parking; when to do it and how not to interfere with cars. But there is also a last chance clause; if a car sees you from a good distance away they should make every effort to stop, even if you are blocking their way. If the accident was avoidable, the car striking…

if the car b pulls in out of no where and with out the signal is car b fault

Its the person that hit the car coming in to the parking lot because probably the bad car was speeding. :)

The default answer is the car that is moving is at fault unless the moving car has the right of way. However parking lots are messy and there will be no police reports unless the damage is over a certain amount ($2500 I think). The best thing to do is handle it without insurance companies.

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....

the car in front of you

Not enough detail here to determine fault

The general rule of thumb is that any car moving that hits a parked car is at fault.

It can be called a 50/50 accident... ususally the adjuster can determine that.

The driver of the borrowed car, if at fault, would be liable in this case. If no report is filed, either with the police, or their insurance company, most likely no one would be held liable.

depends on whether or not the car is parked well. if the car is parked properly, in the right spot then it should be the car that hit it that is at fault.

Yours. If it was stationary and you hit it then it was your fault.

If a vehicle is pulling into roadway from driveway, the vehicle pulling out is at fault.

The driver of the car that hit you would be at fault for failing to slow down and avoid hitting you, regardless of which side he or she was on. Parking lots are very dangerous places and people must slow down accordingly.

you mean valet parking dont they take away your car if you valet parking on the blue??? ^_^

Sheet metal damage? And the one reversing out of the parking space is responsible, he's the one who should have made certain that the road was clear.