Auto Insurance Claims: liability?, white paint, automobile accident

Question
Hi,

I was involved in an automobile accident two days ago in a McDonald's parking lot.  I was pulling out of a parking spot roughly 5 feet from the opening of the McDonalds.  The parking lot faces a busy road, in which a woman was waiting to cross to enter the parking lot.  I began to pull out since no one was behind me and I continued to look around me.  The woman crossed the busy road pretty quickly to pass the cars and since I was right near the entrance she scraped across the back of my bumper as I was 3/4 the way out of my parking spot.  There would be no way for me to see her in the street next to McDonalds since it is a long distance and I had a car parked next to me.  The only time I saw her was the same second that she hit the back of my car.  I had pretty bad scraping damage done to my new Acura and she had a bit of white paint on her car as well.  We both turned it in to each other's insurance and I was told that because I was pulling out I will most likely be called liable.  There has to be something I can do.  This woman has several accidents on her record with her insurance company, would this support my case?  Please advise.

Thanks so much in advance,

Answer
Hi Nashay,

Based on the way you told your story, it would appear that the other driver was either completely liable or possibly it could be seen as 80% her fault and 20% your fault.

When a driver is pulling from a main roadway into a parking lot driveway, that driver has an obligation to see that the path is clear and to watch for backing vehicles. In this case, if as you say, you were 3/4 of the way out of your parking space, the other driver should have seen you and either stopped, evaded you, or blown their horn.  The driver with frontal vision is always assumed to have the last clear chance to avoid the collision.  

If I were you I would stand my ground.  Unfortunately, it is your word against hers, unless there were witnesses that can verify your side of the story.

I hope this Helped.

Richard Hixenbaugh