Expert: Richard Hixenbaugh - 4/19/2010

Question
I was backing out of a parking space in a shopping center. There were parking spaces positioned perpendicular to the one I was backing out of. The paking lot and spaces are very small spaced. Looking back as I backed out at a slight angle there was no car in the space behind me. I glanced forward and to my right to ensure I was maneuvering enough not to hit the car next to me. As I again looked back and continue backing up, I hit a the front driver side bumper of a car that just pulled into the perpendicular parking space behind me. I feel that she could see that I was backing out short of available space and should have allowed me to continue pulling out before she pulled into the space that I was just short of entering with the back of my vehicle. She was in better view of my car and could have avoided the accident. She wasn't there in the space when I was backing up. It happened as I glanced back over my shoulder. I have no damage to my right passenger side back bumper but dented her front driver side bumper. Could it be a shared fault or is it all mine. I live in California. Also she indicated she has been in a few accidents already that were not her fault. Recently someone had rear ended her. I wonder if she was just looking for another accident to happen. This is my very first accident. I have a 20 year clean driving record. I'm always alert and cautious. What's your opinion of this situation?

Answer
Hi Tina,

I understand why you would think that the other driver is at fault. I'm also sure that is a claim is filed that the other driver will tell a different story. In moass you are backing out of a parking space and you hit an object, you are considered to be at fault.

You should have the other driver get an estimate to repair the car. If you can pay out of pocket you should do so after getting te oher driver to sign a "full release of all claims" form. If the amount is too large for yoto pay out of pocket then you will have to file it on your insurance.

I hope this helps
Richard Hixenbaugh