Auto Insurance Claims: Parking Lot Accident, parking lot accident, wrong direction

Question
My wife was in a parking lot accident and the insurance company is saying we are liable. She was backing out of a parking space. The parking lot is filled with one ways; slant parking lot that can take you forever to get out of because you have to follow the arrows. A car going the wrong direction hit out car while my wife was backing out of the space. I’ve been searching the internet for rules and what not. I found that a driver who is taking a car out of a parked position is liable for the surroundings. What happens if the other driver was also wrong because he was driving the wrong direction? The damage to our car is about $800. There wasn’t much damage to his car, only a few scratches. We live in Hawaii a no fault sate; does that help? I accept that my wife was at fault. But what I don’t accept is paying for the other guy to get his car repainted at my expense. We also have a police report. The officer said it was the other driver’s fault; however, the police report makes no mention of fault.

Answer
Hi Daniel,

It is true that if you are backing from a p[arling space you are responsible. It does seem though, thet the oter person os at least partly at fault for going the wrong way. You should contact your insurance company and explaine your story to them. They will take a statement from your wife and the other driver and make a determination of liability.

Even if you or your insurance company end up paying for the other cars damage, they wil not paint the entire car. They will only pay to paint the damaged areas that are repaired.

I hope this helps
Richard Hixenbaugh