the lady who backed into you, clearly she wasnt paying attention and backed into your car
you are at fault
Both of you. Neither driver was watching where they were backing. The ultimate fault will be determined based on the police report and an investigation.
You are.
if you can prove it wasnt your fault then the other person is liable for your car... but there is no way of getting out of being in trouble for driving without a licence and insurance
Answering "Pulling out of a parking lot onto a street and you have to back up to avoid on coming car and the car behind you hits you who is at fault?"
the person who backed into youyou do not have to back up and if there is someone behind you and you back into them then it is your fault for hitting them and still the first guy's fault for hitting youas far as i know
the car in front of you
You should get a ticket for parking illegally and the other drive should be cited for inattentive driving. You are both at fault and should get healthy tickets.
Just Imagine a parking lot where you can park on both sides. I saw a car backing up from its parking spot from right in front of me, so i stopped and gave him enough space for him to back up. On the left side, this guy backed up and hit my rear door and pannel. he is not accepting his fault. The reason he says is, their was couple of cars standing behind me, and one white car did not have time to wait, he over took me on the left. So this guy thought that their was no car behind and he backed up and hit my car! So whos fault it is? Should i go for insurance claim. This guy wants things to get settled privately by paying 50% of expense, still i will end by spending 500$ from my packet. Plz do advice.
There is a lot more to determining this, but both parties will be partially at fault. The person behind the other car had the duty to try to get out of the way, the person backing up had the duty to see before he backed up. If it is as simple as stated, it would most likely be 10-20% fault for the person who got hit, 80-90% for the person backing up.
The car in motion is ALWAYS at fault when it hits a stationary vehicle.