Who's at fault?

[MickCat]

My question is, if an individual is slowly (approx. 2 miles per hour) backing out of a parking stall, located near the end of a parking row (4 stalls to be exact), and a person comes from around the corner and scrapes the side of their vehicle all the way across the back bumper of the person backing out, who would be a fault?

More background info on this minor incident:

The individual backing out of the parking stall (which happened to be in a major electronic store parking lot) had looked both ways down the aisle to ensure no oncoming traffic was approaching before starting to back out. The individual was looking over his/her right shoulder while slowly backing out and then turned to check over his/her left shoulder when the impact occurred.

The 'other' vehicle had apparently come from around the corner (making a left turn to head down the aisle). The other vehicle seems to have been traveling at a speed faster than is safe for a store parking lot. This assumption is based on the distance it took the vehicle to stop after the impact (and amount of scraping on both vehicles). The other vehicle had a scratch from the front tire all the way to the passenger side back door -- meaning once impact occurred the vehicle kept moving. It is also believed that the driver of the other vehicle did not see the vehicle backing out when it turned and started to proceed down the aisle. The aisle of the parking lot was a two way lane meaning there would have been room for the driver of the other vehicle to possibly swerve out of the way if he/she had been alert and seen the vehicle backing out.

So, back to my question, based on these circumstances whom would be at fault? Is the fault ALWAYS with the person backing out? Or can the circumstances of the situation be taken into consideration?

Note: damage seemed to be minor on both vehicle; mainly scratches and chipped paint.

[bluetek]

To help the party who was backing up it would Probably be beneficial to have a witness. It would be very helpful so they can attest that the individual who hit the person backing out was driving too fast for parking lot/irradically etc..

Generally in parking lots its claimed as no fault for both parties if both vehicles are moving, but it could be different since one was backing up. To prolly get the best answer call your insurance company and ask who would be at fault in this situation and see what they say. Let us know how it turns ou and what happens.

[MickCat]

Thanks for your input!

As for a witness, there was a passenger in the vehicle which was backing out.

And of course there were people in the parking lot, but they all went along their merry way, as most people do, because they don't want to be bothered.

Oh and both drivers have the same insurance company. Not sure if that matters.

[bluetek]

Any passengers in the vehicles can not be considered witnesses.

Also, in regards to both having the same insurance company. In most cases this woulden't even matter, but i have heard of cases where parties and the insurance company can work something out like a deal. i.e(pay for damages, or 50/50, and premiums wont go up).

**edit: not exactly 100% sure if the same rules as far as insurance goes are the same for both the U.S and Canada.

[NoFlo]

from what i have been told in the past...if you are reversing, you are automatically at fault.

it doesnt sound fair but it is what it is.

its like for example changing lanes on a street/road/highway...

if say i did all my shoulder checks and proceeded to make a lane change when it was safe to do so but some idiot comes speeding (at 2x-3x the speed limit) down the lane that i am changing to.

if the point of impact is on the side of my car, then i am at fault (irregardless of his speed).
if at the rear of my car, then it would be his.

in ur case, i think you said damage to his car was to the side, and to urs (or the reversing car) at the rear.

i think it would be your fault...sorry :(

[Weapon_R]

If you are reversing, you will likely be found at fault.

[clem24]

Well, remember that there can be equal fault accidents too, where both parties are at fault. For example, on the lane change one, if the other guy was speeding, he was obviously breaking the law. So if a witness comes by and says that they were speeding, then both parties would be charged and both parties will be at fault.

In this case, I'd say both parties are at fault. If you can prove that the other guy was speeding in a parking lot, then you might have a case. I assume this isn't worth hiring a lawyer over.

If it's just a bumper that was involved, then sounds to me like you got the better end of the deal. Did you take pics of the scene? If your stall was clearly close to the road way, then I'd say a cop or a judge would probably side with you because they'll likely say the other guy was speeding and driving without due care.

[pepschnops]

I know that in Ontario it is no fault insurance meaning that no matter the accident you each pay for your own damage. You would have to check with state laws. Once you have that clarified the best possible thing you could do to plea your case would be to have a witness. Also make sure to document it well, there is nothing worth than trying to plea your case with crummy evidence. Best of luck!

[2002civic]

im pretty sure parking lots are your resposible for your own damages unless u can prov the other person did something illegal(which u cant as your witness wont count)

[Lexxan]

...

[TommyM]

Pretty much the same thing happened to my wife, she was backing out of a stall and someone came flying past and she hit him. She had a witness who was in the car beside her, but it was considered her fault.

[jer82]

Well I was in a very similar accident once and phoned around to find out who was at fault. In my accident I was driving through a parking lot and was waiting for a stall a couple of places up and somebody backed into my front fender. What I was told was that if they hit the side of my vehicle then it was their fault and it I hit the side of their vehicle it was my fault. I told this to the lady that hit me and we went around insurance but thats what the police told me at the time of the accident. Probably 3 years ago now.

:dunno: hope that helps

[Bushy]

I was in a VERY similar accident as well. it just so happened the day before you posted this thread as well......hmmm. anyways the datails were a little different because i was stopped behind a truck waiting for someone else to leave a space and hot hit. but it wasnt a scratch, it was $2500 damage. But turns out he was at fault. But that was after I chased the guy for months because he gave me false insurance information then cancelled his phone to keep me from getting a hold of him, but i finally got my money and his insurance will skyrocket.

[acura_el]

try checking this link, might help you decide...scroll to about half way down the page

http://www.insurancehotline.com/romanov/romanov44.html


Rule 2: The driver leaving a parking space does not have the right of way over any other moving vehicle and will be "at-fault" if there’s a collision.

[The Cosworth]

Originally posted by bluetek
...........
Generally in parking lots its claimed as no fault for both parties if both vehicles are moving, but it could be different since one was backing up. To prolly get the best answer call your insurance company and ask who would be at fault in this situation and see what they say. Let us know how it turns ou and what happens..........

yeah that is right, they just assume its to hard to judge who screwed up.

[A2VR6]

My coworker had a very similar incident and when he called the cops for advice as to whos at fault, they said it would probably be 50/50.

[nonsane]

since the car passing was hit on the side i would say that the car backing out will get the blame.

Here however you can shift blame even if you are at fault by using the "Last clear chance" rule

That means if i have the chance to prevent an accident, but I do not (for insurance money/agression/whatever reason). Then I would be held liable.

So if you can prove the car was driving by, saw the car backing out, and did nothing to prevent the accident, then they are at fault.

Difficult to prove.

Hope this helps.

[95gtchick]

parking lot accidents are almost always 50/50.... but since you were backing out of a spot it will more than likely be your fault.

[Masked Bandit]

Rule #1 - Never ask a cop who is at-fault for a traffic accident. The only thing they can rule on is whether or not anyone involved did anything illegal.

Rule #2 - The person leaving the parked position is ALWAYS....AND I MEAN ALWAYS at-fault. Whether you are reversing or pulling forward, the person in the driving lane has the right of way. Even if the person in the driving lane is going way too fast for a parking lot...the person leaving the parked position is at-fault.

For what it's worth I can tell you this with certainty as I work in insurance.

Sorry for the bad news man.