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Fender Bender

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Gatto27

Junior Member
What is the name of your state (only U.S. law)? Ohio

Hi, earlier today I was in a parking lot making a left hand turn. Before I started the turn, another driver began backing out very close to where I was entering and I didn't see them immediately. Before they were finished backing out, I was behind their vehicle. Unknowingly, they continued to back out and the back left side of my car grazed their bumper leaving a minor mark. I was wondering if I am at fault or not as she backed straight in to my car while I was passing.What is the name of your state (only U.S. law)?
 


antrc170

Member
I disagree. According to the post

"Before I started the turn, another driver began backing out very close to where I was entering and I didn't see them immediately"

When the first driver started to back out with no obstruction, they claim the right of way. The OP then drove into the aisle which brought them into contact. Just because the other person was backing does not mean they are always at fault.

However, what we think really means nothing. It is going to be up to the insurance to decide where they place the blame.
 

FlyingRon

Senior Member
I suspect absent compelling evidence as to fault, the insurance companies will pay their own driver's claim off (if they were so insured) and deny responsibility for the other.
 

ecmst12

Senior Member
Reversing driver has duty to yield to ALL forward-moving traffic behind him. OP had no duty to yield to reversing driver.
 

antrc170

Member
Reversing driver has duty to yield to ALL forward-moving traffic behind him. OP had no duty to yield to reversing driver.
Is that presented somewhere?

The driver backing up started his vehicle manuever before the OP was established in the lane of travel. The backing vehicle, being the only vehicle in the lane at the time the action was instigated, would assume the right of way. The OP entered second, and should have yielded to the backing car already established in the lane.
 

ecmst12

Senior Member
The reversing vehicle struck the SIDE of OP's car with the rear bumper of his car. There is no possible way that the reversing vehicle was established in any lane at all.
 

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