Who is at fault on a car accident where a car coming out a parallel parking spot backed into me before I could stop? 13 Answers as of May 19, 2014

Her insurance is denying liability in this case. She received an improper backing citation while I received no citations. While I have free legal council (through the armed forces) it still never hurts to get more than one viewpoint on this.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
More than one free point of view, correct? Because IF you had to pay, it would hurt.
Answer Applies to: Georgia
Replied: 5/19/2014
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
If you had the right of way, then you should win.
Answer Applies to: Michigan
Replied: 5/9/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
The other party is liable.
Answer Applies to: Michigan
Replied: 5/8/2014
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
If you had the right of way and she backed into you, she would be at fault.
Answer Applies to: Alabama
Replied: 5/6/2014
Universal Law Group, Inc. | Francis John Cowhig
The person coming out of the parking spot is usually at fault.
Answer Applies to: California
Replied: 5/5/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Yes, it sounds as if the other party is at fault. But insurance companies will do whatever they can to defeat a claim.
    Answer Applies to: California
    Replied: 5/5/2014
    James M. Chandler | James M. Chandler
    It sounds like the other person is responsible. If the damages are minimal you could file for damages in small claims court or if damages are substantial you should talk to a personal injury attorney to represent you.
    Answer Applies to: California
    Replied: 5/5/2014
    Connell-Savela | Jason Savela
    Backing car is at fault unless you were driving at an unreasonable speed or backing car had established itself in lane prior to collision.
    Answer Applies to: Colorado
    Replied: 5/5/2014
    Durham Jones & Pinegar | Erven Nelson
    If you had the right of way, which sounds reasonable, the other driver would be at fault.
    Answer Applies to: Nevada
    Replied: 5/5/2014
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    If she was entering the roadway from a parking spot, then she's at fault. I would think her insurance company would argue that you were also at fault to some degree since you "had unobscured vision and ran into her car"....they'll probably argue you were most likely speeding, hence the reason you couldn't stop in time, etc., etc. Go ahead and sue.
    Answer Applies to: Florida
    Replied: 5/5/2014
    Di Giacomo & Gruss | Christopher Di Giacomo
    Based on the facts you presented they insurance carrier for the other driver is full of it. In Massachusetts there are CMR that govern instances of liabilities and how the insurance companies are to deal with them. I know that there is one for such an example that I have used to change a Carrier's mind.
    Answer Applies to: Massachusetts
    Replied: 5/5/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally she would be at fault from your description.
    Answer Applies to: Michigan
    Replied: 5/5/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    If you are in NC you both may be found at fault. When you back you have to look, when you drive forward to have to look and be aware of what is happening. You are supposed to see what there is to be seen.and you don't back out of a parallel spot parallel refers to being parallel with the street. You have described something else.
    Answer Applies to: North Carolina
    Replied: 5/5/2014
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