Who is at fault for the damages?

UPDATED: Sep 30, 2022

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Who is at fault for the damages?

I was in an accident in a private parking lot. I was backing out of a parking space when a car came speeding around the corner, I stopped my vehicle when it was already 3/4 of the way out and the other driver ran into my rear bumper. She hesitated to stop her vehicle, stopping for half a second then kept going, then officially stopped. She then jumped out of her car and became yelling it was my fault. I don’t think I’m at fault when at the time I was backing out of the space, no other vehicles were coming or going, I was all clear to back out and I was practically out of the space. I have contacted my insurer but as a piece of mind I would like to know who is at fault and why?

Asked on December 8, 2016 under Accident Law, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The other driver is at fault because you were already backing out of the parking space when it was clear to do so.  The other driver was speeding and hit your car.
Since the other driver was at fault, you should file a property damage (cost of repairs to your vehicle) claim with her insurance company.
Since you did not mention it, I assume that you were not injured and don't have a personal injury claim.

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