Expert: Anne - 12/22/2008

Question
I was backing up in a parking garage when the other driver came speeding out
of the adjacent tunnel and hit the side of my vehicle. Who's at fault?

Answer
Hello Anne

Well, The person backing has a duty to look. It is an enhanced duty because when vehicles back up, the driver is supposed to look before backing, if and only if no cars are looking.

Others things can influence the decision, like how much visibility you had and the point of impact on both vehicle. If you were already out (the other vehicle hit your door), then you had an argument that the other vehicle should have seen you, and that you had the right of way. If on the other hand, your damage is to the rear bumper, then you probably will be held liable for backing.

Visit:
http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html for more information about car accidents and how faults are determined.

Good Luck,
Anne.