Who is at fault when you are backing out of a parking lot space?

Answer 1

Parking lot accidents often make insurance adjusters roll their eyes and say, "Everyone's At Fault." This is unfortunate, but it's good to know if you're going to be dealing with the other driver's carrier.

I'll go on the assumption that there are no independent witnesses to your accident (by "independent," I mean people who were outside of yours and the other driver's car).

By backing, you essentially have the greater duty to keep a look out. This might seem strange, considering the other driver was pulling forward, but it's a basic tenant of most auto-related negligence determinations. So, how should you approach the other driver's carrier? Here's the strategy I would use:

1. Did the other driver honk his horn? If not, point this out to his carrier. It's highly unlikely that anyone who had pulled into a parking lot aisle would sit idly by while another vehicle backed into his car. In particular, the assumption can be made that you were backing slowly, like most people would. This should have given the other driver time to react.

2. How often do you park in that lot? It might not make a difference, but then again, it might impress the other carrier's adjuster if you mention you drive there all the time.

3. Did you notice the other driver was using a cell phone immediately after the accident? The old joke about people who can't walk and chew gum at the same time often applies to people who use cell phones while driving.

4. Insist as much as possible that the other carrier inspect your vehicle, and make sure you're present when they do. Why? Because the marks and scratches on your car will say a lot. If the front of the other vehicle struck the side of your vehicle, and there are no horizontal scratches on your door, it pretty much indicates he hit you, not vice versa (Note: The vice versa part is important here. If you look at the damage to your door and see six-inch-long scratches, you can bet the other carrier will assume you were moving at the time of impact and that you're majority at-fault for this loss). If the other carrier refuses to inspect your car, get some good pictures. Take several -- you never know how they're going to turn out.

5. Depending on your state's liability laws, it's possible you may reach only a partial settlement with the other carrier. For instance, your state might be "pure comparative," which means the other carrier would owe only the percentage of damages caused by the other driver. Or, more commonly, you might live in a "50% bars" state, which means that if you're determined to be 50% (or more) at-fault, the other carrier wouldn't owe you anything. Ask the adjuster and he or she should be able to tell you which liability law exists in your state.

6. If you have full coverage through your own carrier, and believe the damage to your door would exceed your collision deductible, go ahead and make a claim. Though it's at your carrier's discretion, they might initiate "subrogation," which is just a fancy way of saying they'll try to get their money and your deductible back. But, since this is a parking lot accident and it appears there are no independent witnesses, don't hold your breath.

Above all, remember when you're discussing this loss with the other carrier that their adjuster was not present at the accident scene. He or she will have to rely on yours and the other driver's statements, as well as any other "proof" you can provide (see above). I say this only because it's very frustrating to know you're in the right, only to have someone not believe you. So be prepared! :)