Auto Insurance Claims: Parking Lot Collision, parking lot accident, insurance investigators


Question
I was just in an accident in which both drivers were backing up out of a bi-directional parking aisle.  We were on opposite sides of the aisle with her two spots down from me.  I believe the other driver was not paying attention and quickly vacated her spot because I was going extremely slowly and was looking both ways (she pulled out while I was looking the other direction).  I was mostly pulled out of the spot (2 feet or so to go) when her entire back bumper tboned the driver side back door.  I had no bumper damage and believe that this is a cut and dry case of her hitting the car I was driving, and not the other way around.  Only, she keeps saying she thinks it's both parties' faults.  And the insurance investigators say that because we were both pulling out backwards, they need to assess the situation.  Doesn't the fact that my car did not hit hers, she hit me, mean she is automatically at fault?  Thanks for your time and expertise.

Answer
Hi Kate,

Parking lot accident can be some of the most difficult to determine liability. Based on your statement of facts it does sound like the other person should be at fault. You should keep mentioning the point of impact as the thing that decides liability. Since you were most of the way out of the space, the other driver should have seen  you. In the end though, they may find a percentage of liability on both of you.

I hope this helps
Richard Hixenbaugh