The Shoulder
The Shoulder
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Car accidentssteady-marmot-758

Backup collision in a parking lot — who's actually liable here?

This happened maybe four days ago and I'm still kind of shaken up about it. I was pulling into one of those narrow little side lanes at my kid's school to drop her off — you know the kind, barely one car wide, with parent pickup chaos everywhere.

I had just come to a stop to let her out when the SUV parked in front of me suddenly started backing up. I laid on my horn the second I saw his reverse lights come on, but there was literally nowhere for me to go — cars behind me, a curb to my right. He just... kept coming. Hit my front bumper pretty hard before he stopped.

The driver was super apologetic at the scene, kept saying he didn't see me. We exchanged info and I took a ton of photos. His insurance has already been in contact with me and they're saying they need to "investigate" before deciding anything about fault.

Here's where I'm confused — to me this seems pretty clear cut? He reversed into a stationary vehicle. I was already stopped. But now I'm second-guessing myself because I've heard stories of insurance companies trying to split fault in parking lot situations.

I've also got some stiffness in my neck and upper back that I didn't really notice until the next morning. Haven't seen a doctor yet because I kept telling myself it would just go away, but it's actually getting a little worse.

Has anyone dealt with something like this? Do parking lot accidents get treated differently by insurance? And should I even be worried about fault being split on me?

15replies

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15 replies

  • 19
    daring-wren-600

    Few questions — was the other driver in an actual parking spot when he started reversing, or was he also in the travel lane? And were there any witnesses around, like other parents or a school crossing guard? Those details could matter a lot for how insurance sorts this out.

    • 6
      weathered-mile-marker934

      Adding this: keep copies of every email. It mattered for me.

  • 18
    silent-vole-217

    Generally speaking, a driver who reverses into a stationary vehicle carries a very heavy burden when it comes to fault — most traffic codes put the responsibility on the reversing driver to ensure the path is clear. That said, parking lot rules can get complicated depending on your state. Not legal advice, but given that you have physical symptoms, it might be worth at least a free consultation with a PI attorney before you talk much more with his insurance.

    • 3
      thankful-sidewalk961

      Took me three tries but they finally budged. Don't give up.

  • 17
    tidy-stoat-012

    Almost the exact same thing happened to me in a grocery store parking lot last year. The other driver reversed right into me while I was completely stopped. Their insurance tried to claim I was "partially responsible" for not taking evasive action. I had to push back hard with my photos and a witness statement before they dropped that angle. Document absolutely everything you have right now while it's fresh.

    • 5
      kind-wanderer925

      Solid advice. Getting it in writing is the part most people skip.

  • 16
    daring-mole-971

    Please go see a doctor about that neck and back stiffness — like, soon. Soft tissue injuries from impacts often don't peak until 48-72 hours after the accident, so what you're feeling now could still get worse before it gets better. Getting it documented medically also matters a lot if this turns into any kind of claim. Don't just wait it out hoping it goes away.

    • 8
      mellow-road-soul693

      Exactly my experience. Persistence paid off in the end.

    • 6
      curious-traveler770

      Same boat here. Did anyone mention a deadline to watch out for?

  • 15
    careful-grouse-309

    I'm so sorry this happened, especially at a school drop-off with your daughter in the car — that must have been really stressful for both of you. Please don't ignore those aches. I know it feels minor but my cousin thought the same thing after a fender bender and ended up dealing with it for months. Take care of yourself first.

    • 3
      patient-neighbor258

      Going through something similar right now. Did following up actually move the needle for you?

  • 9
    clever-elk-421

    I used to work claims for a big carrier and I'll be real with you — when they say they need to "investigate," that's pretty standard language, but it can also be a stall tactic to see if you'll get impatient and just accept a quick lowball offer. The fact that you were stationary and honking works strongly in your favor. If there's any chance there's a school camera or a dashcam from another parent's car that caught this, try to track that down ASAP. Footage disappears fast.

    • 15
      daring-raven-639

      Don't trust that "we're investigating" line for a second. What they're really doing is building a file and hoping you say something that muddies the fault picture. Be really careful what you tell their adjuster — keep it factual and short. You don't owe them a detailed recorded statement, and you definitely don't have to accept any split-fault nonsense.

  • 5
    hearty-beaver-155

    He backed into you while you were stopped and honking. That's his fault. Full stop. The insurance "investigation" is just process — don't read too much into it. But go get checked out medically TODAY, not next week. And don't sign or agree to anything until you know how your body is actually doing.

    • 1
      quiet-rider875

      Appreciate the detailed write-up. Saving this for later.