Expert: Richard Hixenbaugh - 8/15/2009

Question
Dear Sir
My husband was in a parking spot preparing to back up. A vehicle passed him and my husband observed that it stopped for a pedestrian 1 and 1/2 (at most) car lengths away, just short of the lot exit/gate.
However, instead of exiting the lot, the other vehicle backed up, deciding to take an empty space it had just passed up. The lot is 2 way with a solid wall (posted "no parking") on the entrance side. Parking is 90 degree on the exiting lane where the accident occurred. The other vehicle "got there first" and minor damage to it was in the rear quarter panel just in front of the bumper. The other driver's insurance company tried to claim my husband was 100% at fault and settled for 60/40 which puts a point against us and raises our rates. Your opinion is much appreciated.

Answer
Hi Karen,

Actually, I would have to say I agree with the liability decision. The driver backing out of a parking space always has the greater duty to be sure their path is clear. The driver in the through lane always has the right of way. The fact that the other driver decided to back up is the only thing that then pit some of the liability on them.

I hope this helps
Richard Hixenbaugh