If one vehicle is sitting parked and one is in motion, then logic dictates the vehicle that was in motion is At Fault and therefore responsible for the damages.
The person who is backing out
The driver of the backing vehicle. The fact that the car was parked illegally is irrelevant. The onus is always on the driver of a moving vehicle to ensure the way is clear before backing up.
The car in motion is ALWAYS at fault when it hits a stationary vehicle.
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.
Yes. Being illegally parked does not affect fault. If you strike a parked vehicle, it is ALWAYS your fault because you have a duty to ensure the way was clear before moving.
It would be darned hard to assess the blame on the parked car. If one vehicle is in motion and the other is not, 99.99% of the time, the moving vehicle is at fault.
the car backing up
The driver that hit the parked vehicle would be at fault.
driver of parked vehicle
As long as the parked vehicle is parked properly and not illegally parked in any manner, then the vehicle that rear-ended the parked car is at fault. Now if the parked car is sitting illegally (such as double parked or parked in a no parking zone, etc.) then the parked car is at fault or even both the parked car AND the car that hits it are BOTH at fault.
The law in every state is very clear about backing. The person backing up/out is at fault and responsible for any damages, regardless of the other vehicle's speed and/or position. It's also known as:"Limitations on backing".
You are at fault.