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.
Backing up--it is your fault.
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 .
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.
the car who bumped into you
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?"
If you back into somthing its your fault regardless of whether it was parked improperly or not. You were suposed to be looking
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.
The general rule of thumb is that any car moving that hits a parked car is at fault.
Not enough detail here to determine fault
both of you for not looking back
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.
Why were you driving without a license? You will be prosecuted for the violation but it has nothing to with fault. If the other party was at fault their insurance is responsible for damages to your car. You will never get your license back. Habitual gets you jail time.