Auto Insurance Claims: parking lot accident, parking lot accident, insurance companies

Question
I was driving in the through lane of a parking lot when i was hit on the passenger side by a car backing out of a parking spot. The damage is by the door after the tire. Who is at fault?  The other driver stated that i should have yielded to her, but i told her she has to make sure it was clear to back up. Am I at fault who will determine this. A police officer came and took a report but the report does not state who is at fault.  My car sustained the damamge, hers only had a scratch.

Answer
Hi Veronica,

Generally, it is the responsibility of the person backing up who has the greatest duty. However, the person with frontal vision is considered to have the last clear chance to avoid the accident. Based on these conflicting rules, most of the time the insurance companies will decide that it is 50/50 liability.  The insurance company will take statements from the drivers and then they will decide who was at fault and for what percent.

I hope this helps
Richard Hixenbaugh