Expert: Richard Hixenbaugh - 3/28/2009

Question
Hi,
I was in a minor fender bender in a parking deck.  I was starting to pull into an open spot in the deck when I realized that the person in the next spot was parked too far into the space I had chosen.  I decided against that space, looked in my rear view mirror and did not see anyone in the lane behind me. I started to back up the ramp to a space I had just passed up.  I was moving very slowly, looking ahead to line up for the parking space when I felt the bump.  A car was sitting perpendicular in the ramp, preparing to BACK into a parking space reserved for a compact car. Is a Hyundai sonata classified as compact?

Anyway, when I got out to speak to the other driver she said she had seen me backing up but "assumed" I was not going to back up any further.  She said she froze and couldn't move. She did not back into her space to get out of the right of way, nor did she honk to alert me to her presence.
My car has a scratch on the rear bumper. Her car has a small dent and a scratch on the passenger door. We exchanged phone numbers. She is expecting me to take full responsibility.

Am I 100% liable for this or is this a shared liability? In my mind she is partially responsible.

Should I ask her to get an estimate and perhaps we can come to a monetary agreement? Or should I immediately report this to my insurance company?

Thanks for your insights and help.  

Answer
Hi Deborah,

Parking lot accidents are some of the most difficult to determine liability. In most cases you would be considered to be at fault because you were backing up. However, be cause the other drive did nothing to alert you or to avoid the accident it could be determined to be 50/50.

You should attempt to get her to accept 50% and offer to pay her have the cost of her repairs. Cetainly you can negotiate the percentage. Have her to get an estimate so you can see the total cost of the repair. Once you agree an an amount to be paid, you should only pay her in exchange for a signed full release form.

I hope this helps
Richard Hixenbaugh