who's at fault?

[siraphun]

ok, those of you with experience, please tell me who's likely wrong in this case.  so my dad was pulling out of the parking lot because he didn't see any cars coming, but all of a sudden a car passed through scraping his bumper on their side near their gas gasket. 

 

[KhoOnxNouxWanxJai]

I'm sorry this happened, but unfortunately the insurance will see it as your dad is at fault. The reason is because your dad was parked and moving out, while that care was coming. My husband was pulling out of a parking lot one day and all of the sudden a car sped by and my husband knicked him. Even though the person was going well over the legal limit his insurance tried to find my husband at fault, but after fighting it for awhile and obtaining further evidence our insurance sided with us and decided he was at fault for illegally speeding. It was a 9 month process and so much stress. What I'm saying is they will tell you that your father is wrong, but you can fight the issue if you want to. It will be long and tedious though depending on the insurance company. 

 

[aikoden]

Just the other day when I was driving in my neighborhood, a car almost hit me like your dad's.  Luckilly nothing happened.  It sucks for your dad but yeah.. the other driver is going to find fault with him even if it was their fault.

 

[siraphun]

I see, but there are a lot of times when people are backing out and cars still keep coming because they don't want to wait and think that they can pass you.  sometimes the back out person don't have enough time to brake.  but i'm wondering, how would they know if the person is speeding?

 

[KhoOnxNouxWanxJai]

For my husband he was fortunate enough to have it on camera. You can clearly see the car zooming by real fast in a 15 mph small turnaround lol. 
 
The way they will fight it is that, even if you are backing out. If the person is coming on the mainstreet (in parking lots anyone coming through is considered main street driver), then the person reversing have to wait, or pull back in and let them pass. That is how they will most likely argue. It sucks, but that is how bogus some of this stuff is. Like if you're driving and someone suddenly cuts you off and brakes suddenly, if you hit them, many times the cops and insurance will say you were at fault since you hit them.