[NCwheeler]

If you are driving down a parking lot isle, someone backs out in front of you, and you hit their quarter panel, who is at fault?

[woody-77]

Usually the one backing up....you have the right of way....driver backing up has to yield to you.

[texasjeep05]

the person backing up is at fault..... what state do you live in?
was the aisle one way or two way? where the parking spaces straight or diagnol?
these are all questions insurance company will ask but regardless person backing is at fault

[NCwheeler]

NC, 1 way, and angled spots

[98JEEPTJ]

Depending if your state is a no fault state or not either. Nebraska is a no fault state so you would be held responsible for your own car on private property....

[XLT_66]

Depends on your speed in the parking lot and who saw it. I know from personal experience.

[texasjeep05]

Originally Posted by XLT_66

Depends on your speed in the parking lot and who saw it. I know from personal experience.

not true regarless of speed person backing is considered proximate cause.. other factors such as speed can be placed on the person in aisle to reduce the persons liability.

[Texan4life]

Their insurance company owes you a new bumper. Which one are you getting?

[Patton]

I'm a traffic investigator and most of the time the person backing up. Sometimes both people can be charged. I had a rare accident where a guy in a tacoma was backing out of a stall and stopped because of a car approaching and the guy hit him. I didn't charge either one of them but rather recorded their information.

[Pottymouth]

Originally Posted by Patton

I'm a traffic investigator and most of the time the person backing up. Sometimes both people can be charged. I had a rare accident where a guy in a tacoma was backing out of a stall and stopped because of a car approaching and the guy hit him. I didn't charge either one of them but rather recorded their information.

Were you in this car at the time?

[Patton]

It was before that car was here. Why?





*EDIT* Word of advise to everyone! Use extreme caution when backing. If someone is flying through a parking lot it is near impossible to determene how fast they were traveling.

[ReNxWar]

Generally its the person backing up, unless you had insane amounts of time to stop (aka hitting the person in spite type of thing) or if you were speeding excessively (not likely in a Jeep, lmao) I think you'll be in the clear if it happened anywhere but Durham. (Durham cops are total assclowns.)

[TXST8tj]

Originally Posted by ReNxWar

Thats not entirely true. When my Z28 was totaled, a non-english speaking woman (not naming any cultures, here) without a drivers license pulled out infront of me without looking from a side street. Although it was obvious it was her fault, I was hit with a "mutual fault" or along those lines (thanks to the prick cop who had it out for me)...but thats a whole nother story. It really depends on how it went down, and how much of an *** the cop is. If your below 25 and driving a Camaro, odds aren't good for you. After all, your a kid in a sports car.. you MUST of been speeding.

well then that's really up to the cop then, but since this was in a parking lot, the police are not likely to get involved......at least police will not get involved in car accidents on private property in texas.
after that it's up to the insurance companies to decide who was at fault and if they want to cover anything.

[TellyDSP]

I would definately call his and your insurance company first and make them aware. Get to them before he does with another story.

edit: Holy crap. We're travelling back in time.

[ReNxWar]

Originally Posted by TXST8tj

the insurance company will take into consideration the position of each car at the impact. went through a similar incident...but worse.

if your car was already in place behind the car that backed out and he hit you, it is his fault for not stopping his reverse motion because your car was already occupying the space.
if you were not directly behind him and he pulled out and you hit his rear quarter panel, you are at fault for failure to control vehicle.
even though common sense says he was not paying attention, it also says you were not paying attention either, thus you hit him. you should have stopped if he was backing out.....regardless if you actually had time to stop.
this would be similar to: you're driving down an access road and a car from your right pulls out from a parking lot onto the access road right infront of you. you don't have time to stop and you hit him. you are at fault. you failed to control your vehicle.
this is what it sounds like it looked like.


bottom line is, if you hit him, it's your fault regardless if it was avoidable on your part.
if he hit you, it's his fault.


not trying to go against you here. that's just how it works.
i would definitely file a claim with his insurance co. right away. you may still get away with it if you hit him. it all depends if they want to deal with it or not. don't file anything with your ins. co. unless the other person's co. is not willing to work with you.

Thats not entirely true. When my Z28 was totaled, a non-english speaking woman (not naming any cultures, here) without a drivers license pulled out infront of me without looking from a side street. Although it was obvious it was her fault, I was hit with a "mutual fault" or along those lines (thanks to the prick cop who had it out for me)...but thats a whole nother story. It really depends on how it went down, and how much of an *** the cop is. If your below 25 and driving a Camaro, odds aren't good for you. After all, your a kid in a sports car.. you MUST of been speeding.