Who is at fault for collision while backing out of a parking spot?
by A (USA)
I was in the process of backing out of an angled parking lot, and was mostly backed out. I had looked to my right and saw no one coming. As I was getting ready to put the car in drive I was hit from behind. There were some scratches and and a baseball size dent in my lower left bumper, but the other car had major damage to right front.
Who is at fault in a parking lot accident like this? I was basically already finished backing out when I was hit from behind. How do the insurance companies determine how much each driver has to pay? Thanks for any information you can give.
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ANSWER for "Who is at fault for collision while backing out of a parking spot?":
In most cases, the driver who strikes the car in front is liable for the damages caused to the driver in front. "Damages" can include property damage to the car, and injuries sustained by the driver.
Whether or not you contributed to the accident may be determined by the insurance companies. If you live in a pure contributory negligence state and are found to be even 1% responsible, you will not be entitled to any compensation.
If you live in a comparative negligence state and it's determined you contributed to the accident, any compensation you receive will be proportionate to your responsibility for the crash.
Some comparative negligence states follow the 51% rule. If you live in one of these states and you are found to be 51% or more responsible for the accident, you will not be entitled to any compensation.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.