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I doubt it. It was an empty parking lot. There was no obligation on the person parking to use one of the available spaces, unless there was a prohibition notice displayed which forbid parking beside the ATM. Even then, such a prohibition would be unenforceable if the parking lot is private land. For the driver of the parked car to have any 'blame', there would need to be a sign warning them that cars parked in this area were especially liable to damage. As the driver of the moving vehicle, you carry the blame for the collision.

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Q: You backed into a car in an empty parking lot The person with the car chose not to park in one of the empty parking spaces but parked along side the ATM Does this help the person who backedinto thecar?
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