Who is at fault if someone backed into my car while I was double parked? 22 Answers as of February 17, 2012

The person who backed into your car is 100% at fault. The fact that you were double parked, albeit illegally, has nothing to do with his negligence in not seeing your vehicle and then striking it. He has an absolute obligation to avoid striking anything. What if your car was blocking his driveway so he couldn't even back out? He couldn't claim that he didn't see you then... so, it's no different. And in either case, he is entirely at fault. Best to you for a pleasant holiday season.

The party that backs into a fixed object is at fault. The back glass and rearview mirrors must be used by drivers before they back their vehicles up.

It is ultimately a question of fact for the court to resolve . Ultimately, a jury would resolve the question in a lawsuit. There is evidence of negligence on both sides. The other party is correct, your double parking could be considered negligence. It is up to a jury to decide the comparative negligence between the two of you. Also, there is a doctrine known as the Last Clear Chance Doctrine. Where an accident occurs because of a party's negligence, but the other party was in a position to avoid the accident, and had the "last clear chance" to avoid the accident, then that party may be held liable despite the other parties' negligence. As a practical matter, your two insurance companies will determine this one, and both companies will probably deny liability. In other words, your insurer will say it is the other driver's fault and the other driver's insurer will say it's your fault, and in the end, each of your own insurers will pay your damages. There is probably not enough damage to pay attorneys to take it to court, although there is an inexpensive non-binding arbitration procedure available in Circuit Court to resolve property damage disputes.

It appears that the other party who caused the collision may be more at fault than you. You should consult with an accident attorney for specific legal advice, but first contact the other driver's insurance company to see if it will assume any liability.

There is no clear answer, but the fact that your car was in plain sight and not moving points the blame at the operator backing out of the driveway. You can file a warrant in debt in small claims court. This will allow the judge to settle any disputed claim. You can handle this property damage issue without a lawyer.

Maybe neighbor is right. In NC you have to be totally free of fault to recover. If your parking contributed to the incident then you will likely lose. If it has already reached the "he said, she said" level (blame) I suspect the insurance carrier has already decided not to pay your claim.

While my first response would be to say the car being moved is the one at fault, I almost backed into a car double-parked across the street from my driveway. In Florida we have comparative negligence which means that one person does not have to be 100% at fault....that sounds to me like both parties share in the blame.

He is entirely at fault.

I think the other party is just looking for a way out. Your car was in place before theirs and they should have seen it and therefore had the last possibility of avoiding damage/harm. Sue in small clais court.

Michigan is a no-fault state. When a car is LEGALLY PARKED, the person that hit is responsible. Since you were not legally parked, the other party is not legally responsible.

Some collisions have circumstances where the question of fault is not easily solved. The question is whether any party was negligent (whether any party was not a careful as a reasonably prudent person similarly situated). Violation of a statute or ordinance is not negligence per se, but may be considered evidence of negligence.

They had a duty to check when they were backing out, whether you were parked legally or illegally. Your action might reduce your damages by your percentage of fault, but they are mostly responsible.