Parking Lot Crash: Backing Out Blame Explained by Insurance Experts

Parking Lot Crash: Backing Out Blame Explained by Insurance Experts

That morning, I went to the supermarket to buy groceries as usual. After finishing my shopping, I backed my car out of the parking space. There was a large SUV parked next to me, blocking my view, so I drove very slowly, checking the rearview mirror and backing up little by little.

Just as the rear of my car was about to exit the parking space—“Bang!”—a sedan suddenly darted out from the adjacent lane and collided directly with the driver’s side door of my car.

Both the other driver and I were shocked and got out of our cars immediately. He was very angry, saying that I had damaged his new car. I thought to myself, “You were the one who rushed out, how can you blame me?” But we calmed down, took photos, and called the police.

When the police arrived, they took a look and said, “This is a private parking lot, we don’t deal with this kind of thing. You two sort it out with your insurance companies.” Then they left.

The two insurance companies gave completely different accounts

I contacted my insurance company that same day. My insurance agent said, “Don’t worry, you were backing up slowly, and he rushed out from the side. It’s clear that he wasn’t paying attention, so he should be responsible.”

But two days later, the other party’s insurance company sent me an email with a completely different explanation. They said:

  • You didn’t look around properly before reversing;
  • You didn’t give way;
  • You are mainly responsible for this accident.

I was drinking coffee when I saw this email and almost choked. It was clearly his car that suddenly rushed out, so how could it be my fault?

Parking Lot Crash: Backing Out Blame Explained by Insurance Experts

I took out the dashcam video

I wasn’t convinced, so I quickly retrieved the dashcam video from my car. The video was clear: my car had only backed up a little bit, and his car had already rushed in quickly, not driving carefully at all.

I sent the video and photos to a friend who works at an insurance company and asked him to take a look. He watched the video and told me the truth.

He said, “From a legal perspective, in a parking lot, the person backing up is always at a disadvantage.”

Why? Because in most places, the rules in parking lots are understood as follows:

  • Vehicles driving normally in the aisle have the right of way;
  • The person backing up is considered to be “entering traffic” and must be especially careful;
  • Even if the other party was driving a bit fast or wasn’t paying attention, it’s hard for you to be completely exempt from responsibility.

He said that unless I could prove that the other driver was driving particularly fast, such as speeding significantly, or that he was playing with his phone at the time, it would be difficult to place all the blame on him.

My dashcam only captured that he was driving about 5 km over the speed limit, which is not enough of a speed difference to serve as primary evidence.

In the end, I had to pay for the repairs out of my own pocket

The result was that my insurance company covered the repair costs, but I had to pay the $750 deductible—the portion I was responsible for. This amount was never reimbursed to me.

My insurance agent also said something that made me even more frustrated: “You’re lucky. If he had hit you head-on, you might have had to pay for his car.”

This experience changed my driving habits

Since then, I’ve never dared to reverse carelessly again. Now I’d rather walk a few extra steps and park my car further out so I can drive straight out without having to reverse.

Although walking a few extra steps is a bit of a hassle, it’s nothing compared to spending hundreds of dollars on repairs and dealing with the insurance company.

Lessons learned

1.In parking lots, drivers reversing are often assumed to be at fault, even if it’s not your mistake.

2.Dashcams are important, but having video doesn’t always change the outcome.

3.Vehicles in the aisle have the right of way, even if they’re not driving carefully.

4.Don’t rely on the police to handle minor parking lot accidents; most of the time, you’ll have to handle it through insurance.

5.The simplest solution is to avoid reversing whenever possible. Safety comes first, and fewer problems mean less hassle.

In the end, when driving, it’s always better to be cautious. Rules don’t always determine “who’s right or wrong,” but rather “who should be more careful.” I’ve come to understand that those few seconds of reversing might save a little time, but if something goes wrong, the consequences can be significant.