Were you involved in an accident while reversing out of a parking space? Did another driver hit you while you were backing out of a parking space? Who is at fault if I am backing out of a parking spot and got hit. Believe it or not, the driver who was backing out of the parking space is at fault.
Fault Determination in Parking Lot Accidents
Each driver does hold a small amount of fault for the accident since both vehicles were moving at the time of the accident. However, drivers who are backing out of parking spaces are responsible for waiting until it is clear to back out.
Reverse Parking Accident is at Fault
The driver who was backing out of the parking space is clearly at fault in the situation because they did not have the right of way.
Car Reversed Into Me, Whose Fault Is It?
If a car reversed into you while you were driving through a parking lot, the car accident is the fault of the driver that reversed into you (their fault).
Hit Another Car While Reversing?
If you hit another car while reversing the accident is the fault of the car reversing (your fault).
Is the Person Backing Up Always at Fault?
Yes, the person backing up is always at fault for the accident, unless both drivers were backing up at the same time. However, when it is unclear who started backing out first, a determination of fault is harder to make. Simultaneous backup accidents are among the most common parking lane accident. Never assume or admit you are at fault if you think your case could go to court.
Why Does Fault Matter In Parking Lot Accidents?
Your car insurance company needs to know who is at fault to determine whether they will cover damage for any personal injuries or property. Arizona is a “fault” state which means that drivers who are involved in a car accident in Arizona have a few options:
- You can file a claim with your own auto insurance company
- You can file a claim with the at-fault driver’s insurance company
- You can file a personal injury lawsuit to seek damages from the at-fault driver
What If No Police Report Was Filed About The Accident?
Generally speaking, there usually will not be a police report filed for an accident that happened in a parking lot because it’s private property. Whenever you are involved in an accident that takes place in a parking lot, the best thing you can do is exchange auto insurance information with the other driver, take pictures, etc. If you can, try to find anyone who witnessed the accident and get their contact information as well. Call your auto insurance company right away to report the car accident.
Learn more about when to get an attorney after a car accident.
Ready to Hire a Car Accident Lawyer? Get Started Today
The Bradshaw Firm’s car accident lawyers in Mesa can help. We understand what you are having to endure as a result of an injury from an auto accident. and vitally, we know the law. You can be sure we will protect your rights. Although prevention may be key, protection is vitally important. Contact our personal injury lawyers today!
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