Auto Insurance Claims: Parking lot fender bender, steering wheel, parking spaces

Question
Recently I was in a small parking lot in an industrial park. The building, which
houses various businesses, is L shaped. All along the inside of the L are
marked parking spots, including a few handicapped ones, but these are the
only marked spots. Please note, it was dark at this time. I arrived at my
destination early, and took a spot in front of the door, waiting for my
passenger to come out. After my passenger was safely in the car, I began
backing out. I looked behind me, slowly backing out, and nothing was back
there. Well, I hit something (to make a long story short). Apparently, in the
meantime, an older black van had pulled up along the curb behind me. These
are not marked spots. The curb runs in the same shape of the with the
building, just behind the spots. Again, they are not marked, but there are no
signs addressing parking at all. Also, there are no lights, so a black van
parked  directly behind me, even when looking first, would not be seen. No, I
do not have the backing sensors. There was zero damage to my vehicle but a
small dent in his van side door. Since my deductible is $500 and I am with a
new company, we exchanged phone numbers. I would rather not go through
my insurance on this one, but my question is, is it my fault? I want to do the
right thing, but I don't know what true parking log rules are. I was in a
marked spot, he was not, and there were plenty of other open spots near the
door. I would really like to know what the legal and "right" answer is here. On
a side note, I NEVER EVER park along that curb for the very reason of what
happened last night. The parking spaces are TIGHT, and you need a lot of
room behind you do back out, as I did that night. A large SUV had come and
parked about 8 inches from me to my right, so I needed a lot of room behind
before I could turn my steering wheel.

Please advise, and THANK YOU!

Answer
Hi CJ,

Unfortunately, this would be considered to be your fault. Regardles of all of the circumstances you described, anytime you hit a stationary vehicle it is your fault, even if the other vehicle is illegally parked.

I hope this helps
Richard Hixenbaugh