Expert: Denise - 10/31/2009

Question
So i was parked at a store parking lot. When I was pulling out of my parking spot,(making sure to be cautious to other drivers trying to park),a guy in a mini van flys past me. Clearly seeing my brake lights. When his van came into my veiw i suddenly stopped. Next i know im outside the car with him saying i have to pay for a dent in his car. The van has a rubber piece going down the side of it that left stright rubber mark down my back bumper. There is nothing broken or cracked on my car. But he says i put a dent in his car about the size of a quater that is approximently 1 ft from where my bumper couldnt possibly make a dent in his van. All im wondering is if he's at fault for not stopping when i was pulling out, not able to see him coming.
thanks

Answer
Hi Kim-
The person backing up has the responsibility to avoid oncoming traffic.  
If there was a witness to attest to the fact that he was operating at an unsafe speed for a parking lot, you might have a chance, but usually the person backing up is the one considered at fault.  Hope this helps explain it to you. :) Denise