How is fault determined when 2 people backing out of parking spaces from opposite directions collide?

Answer

This is one of those deceptively simple situations, in which you think liability would be easy to determine. It's not.

Many insurance carriers automatically assume there will be comparative negligence in a parking lot accident. In your case, you'll want to look at a few things before deciding on negligence:

1. Where did your two cars meet in the aisle? Midway, more towards your side or the other driver's?

2. How are cars positioned in this lot? Straight in, diagonally?

3. What was the point-of-impact between the vehicles? Was it corner to corner, or more bumper corner to center of the other vehicle?

What you're trying to determine is if one vehicle had more control of the parking lot aisle than the other. For instance, if you backed out and the center of your rear bumper hit the passenger door of the other vehicle, we can pretty much assume the other vehicle had control of the aisle.

Also, depending on the liability laws in your state, even if you're both 50% at-fault, you might be able to collect 50% of your damages...or nothing at all. In some states, if you're 51% or more at-fault you can't collect; in other states (very few actually), you can collect for any percentage that the other driver was at-fault. Talk to your claims adjuster and he or she can fill you in on those laws.

Good luck!

First answer by Allen. Last edit by Allen. Question popularity: 49 [recommend question]