Backing Up in Parking Lot Accident, Who is at Fault

[ObjectiveObserver]

My question involves an injury that occurred in the state of: Nebraska

I'll try to stick to facts and assume as little as possible. I was slowly backing up and made sure there were no cars or obstructions in my job's parking lot. I was checking mirrors, checking both sides of my car then another car was speeding to pass me before beat me before fully backing out. I did not originally see them until they were behind me but I clearly heard them right before I saw them. They swiped the back of my car. I don't believe I came to a complete stop before there was a collision. They didn't want to call the police since both cards were in running condition and no one was hurt. I took pictures of my car and forget to take pictures of theirs. They took no pictures of anything. There was only cosmetic damage done to my rear bumper there doors have structual damage and from my perspective clearly shows that they were moving when we collided.

Who is at fault? What is my next course of action? (police, insurance provider, small claims court)

[SChinFChin]

From your description of the accident, as careful as your described your actions, the car driving by has the "right of way", particularly if your bumper smashed into his door. He was in the roadway before you.

I was involved in two close calls this past month in parking lots. In one case, I was following another car, a car backing up stopped, saw the car in front of me. When that car passed, he apparently didn't see me, continued to backup, whereupon I honked loudly, stepped on the gas, and avoided the accident. I had the right of way.

In the other, at a small bank parking lot, I waited for two cars backing up before me to leave, looked around, finally with no other cars preparing to leave, then out of nowhere came a third car who sped by while I was in backup, and I barely missed him. This was almost the same as your situation, and if I hit him, I have to say I am fully at fault no matter how many times I checked my mirror watching two prior cars come and go already, which I did over a dozen times.

The first thing is to report this to your insurance, and let them start a claim file. Here in NY, if I don't report it to them within 30 days, my insurance can later decline to honor the claim if the other party sued. Your insurance company would tell you if you need to file a police report, or just have their adjusters come and take picures.

After that, let the insurance company handle it, and they'll tell you if the other driver or his insurance company contacted them.