What is the name of your state (only U.S. law)? California
My van was parked in a parking lot at a mall. Another van drove pass my van for about 15 feet when I pulled out of my stall. The drive aisle was clear. No oncoming traffic. As My van was about 4-5 feet out of stall. That van driver reversed back and its rear corner bumber hit my passenger side quarter panel. His insurance said it's 50/50 as we both were backing up. I argued that the accident wouldn't have happened if he did not reverse against direction of traffic. His insurance said the law says everybody can back up in parking lot when it's safe. So, they will pay 50%. Am I 50% at fault?
My van was parked in a parking lot at a mall. Another van drove pass my van for about 15 feet when I pulled out of my stall. The drive aisle was clear. No oncoming traffic. As My van was about 4-5 feet out of stall. That van driver reversed back and its rear corner bumber hit my passenger side quarter panel. His insurance said it's 50/50 as we both were backing up. I argued that the accident wouldn't have happened if he did not reverse against direction of traffic. His insurance said the law says everybody can back up in parking lot when it's safe. So, they will pay 50%. Am I 50% at fault?