0
If both parties are backing and both admit that they are backing, the fault lies with both drivers. The point of impact on each vehicle would be used to determine who was mostly out of the parking space and a percentage would be assinged to each person. If you both hit each other rear bumper to rear bumper, it would likely be 50%. How much you are able to recover from the other insurance company depends on what state you are in. In some states, you would recover nothing, some states you would recover 50% and the other party would recover the same from your policy. As a claims liability adjuster for several years, I can assure you there are very few parking lot accidents in which both drivers admit they were backing. Your insurance company would have to complete an investigation to gather facts and determine if they have enough evidence to support either driver's version of the accident. An independent eyewitness (NOT a passenger in either of the vehicles) can usually clear things up quickly. Also check with the store where the accident happened and verify if they have videotape of the parking lot. Many do and liability can easily be determined with a video of the accident. If there is no tape, no eyewitness, the points of impact do not reveal anything and both driver's are saying they were not backing at the time of impact, it would be a word versus word dispute and each would file with his own insurance company.
What else can I help you with?
Who is at fault if you are backing out of a parking space and an oncoming vehicle to your rightjust pulled in the adjacent right parking space directly behind you and suddenly back out and hit you?
Backing up--it is your fault.
Who is at fault if you back up to get a parking space and driver whom is parked back in first pulls out of their space and both vehicles collide?
the one that is at fault is the driver that pulls out of their space that then caused both cars to crash . the one at fault should have waited until the other driver parks .
When exiting a parking lot and a car hits your right back bumper who is at fault?
the car who bumped into you
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?
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?"
Who determines a fault in a parking lot case if the police did not assign the fault?
Police don't always determine the fault especially the private property incidents. What the police report usually does is tell the facts of what happened and what any witnesses say they saw as well so in situations where no tickets are issued or cause of fault is listed the insurance companies will get together and determine the fault. Sometimes when two cars back into each other there may just be levels of fault whereby each party may be partly at fault which never benefits anybody.
Are you liable for the damage to a car in the no parking zone when backing out of a legal parking space?
If you back into somthing its your fault regardless of whether it was parked improperly or not. You were suposed to be looking
Who is fault if I was reversing out of a car parking space when a car reverses back into me?
If you were both backing out at the same time, then it will be considered joint fault, sometimes called contributory negligence. That means both drivers failed to notice the other driver.
Who is at fault if you roll back on a hill and hit a car while parking?
The general rule of thumb is that any car moving that hits a parked car is at fault.
When a car drives out of a parking space on a main road and another car hits the back of that car whose fault is it?
Not enough detail here to determine fault
Who is at fault if backing out of a parking lot space and another vehicle behind you is also backing out?
both of you for not looking back
If you begin to back out of a parking space first and than the car across also start to back out and hits the the car that started to back out first who is at fault?
If one of you broke, then it would be the one who didn't break who would be at fault, if neither of you broke you are both at fault for undue care and attention.
Who is at fault is car a missing a parking spot and than back up backing into car b?
The car going backwards.
