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Posted Feb 7th, 2012
Who's at fault if I'm hit from behind while pulling SLOWLY out of a parking spot?

Additional Details:
My view was blocked by a van on my right so I proceeded to back out very slowly. Before I even saw
the vehicle, I was hit from behind by a passing vehicle damaging my rear bumper and his front
bumper. With no witnesses, his insurance co. is stating I was negligent. I disagree, but don''t know
if this is disputable
Legal Topic Area: Automobile Accidents in CA

It is disputable, but it's difficult to say how the dispute will come out. It really depends on your speed, the speed of the vehicle that hit you, and whether it was safe for you to back out slowly under those conditions. Not knowing all of those fact I think the mostly likely outcome is that both car will be partly at fault. As long as you have automobile insurance, they will handle this for you. They are experts at that.

Andy Gillin, Senior Partner

GJEL Accident Attorneys


Answered on Feb 13th, 2012 at 4:54pm