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Parking lot accident while about the back up from my parking space-who's at fault?

Houston, TX |

I was involved in a parking lot accident at work few weeks ago, we didn't file a police report because it was a minor accident. I was about to back up my car and I had my gear in reverse, my car moved a little, but I stayed within the limits of the parking space and my foot was still on the brake pedal. The truck that parked directly behind me was backing out from its parking space and it hit my bumper leaving a half-dollar gouge (hole) in it. Who is at fault? Thank you.

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Attorney answers 3


If you were still within the parking space it would appear that the other driver is at fault, but without detailed facts it is impossible to say. You may want to report the accident to the other driver's insurer to see if they will compensate you for the damage to your car. However, they may not as there is no police report and it does not sound like there is any other evidence.

Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in Missouri only.


I would agree with the first post, it does sound like the accident was the other person's fault, as you were within your parking space. If you got the at-fault drivers' name and insurance company, I would submit the claim. Most people will be honest enough to admit that the collision happened, so the lack of a police report may not matter. Besides, the police report (at least in Georgia) in this instance would most likely not have a determination of fault nor a citation if the collision happened on private property. Your state's laws may be different.


You should submit this claim to the insurance companies and allow them to make a decision.

The opinions expressed in this answer are meant for educational and public service purposes. Requesting general information about the law on a public website should never be a substitute for a personal consultation with an attorney who can give specific legal advice tailored to the facts of an individual case. Please be aware that Robert Hogan is licensed only in Texas and New Mexico, and that any opinions given are not meant to apply outside of these states. No attorney-client relationship is intended by answering questions or emails.

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