Auto Insurance Claims: Backing out in a parking lot, backing out of parking space

Question
I was backing out of school's parking space this afternoon to adjust the position of the car in between the lines. I've looked in my rear-view mirrors and nobody was behind me, but then as I was going backwards looking in the left rear-view mirror I've heard a rubbing sound on the right back of my car. An impatient driver speeded behind me. I was going less than 5 mph and my bumper hit the passenger rear quarter panel of this van leaving scuff marks.  I exited my vehicle, told her I wanted to exchange info and she told me she doesn't have her insurance card. We've exchanged names and phone numbers for further contact. There are just tiny scratches on the bumper of my car which can be fixed with touch-up paint. At the time of the accident the other car, a van, showed scuff marks on the rear quarter panel, but no dents or other damage. Who could be considered at fault in this accident? Thank you.

Answer
I am sorry for the delayed response.  You have a common question.  

Normally, if it goes to court, then the person that is backing up will normally be found majority at fault.  It is because when one is backing, the responsibility to be careful is more pronounced because of the decreased maneuverability and visibility of a person who is backing a vehicle.  If you hit something while backing, it is more likely that your decreased visibility or maneuverability was the reason for the accident.  The other person not stopping to allow you out is normally not the cause of the accident, it is the fact that you didn't see them that caused the accident.  I know that you could have been already pulled out when they struck you, but you didn't say that, and if you didn't see them prior to beginning to back out, then from where did they come and how long does it take you to back out?  If they came from somewhere far enough away that you didn't see them when you started backing then you should have had time to back out and get going.  I hope that makes sense, it is a little hard to describe the reasoning on that liability issue.  Just remember, the one backing is the one that has to be the most careful and that's why the person backing normally loses if it goes to court.

JP