Frequently Asked Question:

I was backing up from a parking space in a parking lot. I backed out about 8″ and was hit by a dump truck.

I backed out very cautiously, when a dump truck hit my right rear quarter causing extensive damage. The driver said he could see me because there was a large SUV parked on the side of impact which prevented me from seeing him.
Am I totally at fault, or should the other driver at least pay my deductable?

Answer by infoman6617
sorry but you was the one who was backing out he had the right of way your fault

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5 Responses to I was backing up from a parking space in a parking lot. I backed out about 8″ and was hit by a dump truck.

Mustanger says:

September 1, 2011 at 7:18 pm

As it says in the good book, “He who backeth must be especially wary and vigilant”. The good book, in this case, being the book of driving rules.
markusfarkus says:

September 1, 2011 at 7:53 pm

The insurance companies usually apply equal fault to parking lot accidents. I had something like this happen.
portishead_22 says:

September 1, 2011 at 8:05 pm

Hi, I work for an insurance company (in the auto subrogation branch), and this is a form of new fraud that people do. I do not know if the dumptruck driver was trying to commit fraud or if it really was accidental, but they wait until you are backing out of a space, and then when you are out far enough, come forward and hit you. Be sure to tell your insurance company all of the details of this incident if you think something seems fishy, because I am sure that they will think the same too if this is incident is set up the way that I think it is. Make sure to approach this from a normal standpoint until your insurance company confirms anything though.
MSAD says:

September 1, 2011 at 8:42 pm

If there was a large suv there then it may have prevented him from seeing you. Just like it may have prevented you from seeing him.

However, if you are backing and he is coming down the isle…then the greater duty is on you.

Most likely this will be deemed your fault.

Your deductible is your responsibility. The other driver has no legal obligation to pay that for you.
entidtil says:

September 1, 2011 at 9:04 pm

If you were backing, it is your fault. Let your insurance company handle the matter. That is what you pay them premiums for.