Auto Insurance Claims: Parking lot accident, parking lot accident, insurance claims investigator

Question
I was leaving my job. The office building's parking lot is narrow, just one row
of diagonal parking spaces and a traffic lane that is clearly marked "Fire Lane
Illegal Parking" twice.   Before exiting, I looked out the back, saw nothing
approaching, so proceeded to back out, without realizing that a brown UPS
van was parked right behind me in the Fire Lane.

I spoke to their insurance claims investigator, who denied my claim since the
van was not moving.  I can't help but feel that UPS shares some, if not all, of
the liability since it blocked my car.  The brown color further camouflages the
van, and there were no running lights to indicate it was really there.

UPS's insurance says that I have to file a claim with my own insurance
company.  I would rather pursue filing a small claims suit, but would like to
know if my chances of winning were good.  

I live in NJ which is a no-fault state.

Answer
Hi Minnie,

Unfortunately, anytime you hit a stationary object you are considered to be at fault. Even if the vehicle is improperly or illegally parked you would still be considered at fault. The reason is that you had the last opportunity to avoid the accident. You are responsibile to know everything that is going on around you. You should not have backed up even if the truck was blocking your way. The law would require that you simply wait until the truck was moved and it was safe to back out.

I know this is not what you wanted to hear, but it is the truth.

I hope this helps
Richard Hixenbaugh