Re: Backing Up Parking Lot
I don't understand -- were you issued a citation or told that you would receive one in the mail? Because that's ONE issue. The other issue is how your and the other driver's insurance companies will assess fault -- which has little or nothing to do with the citations.
As far as a citation is concerned, the law in WA states:
Quoting RCW 46.61.605
However, RCW 46.61.005 states that "provisions of this chapter" ONLY apply to "highways".
A highway is defined (in RCW 46.04.197) as a "publicly maintained" way open to public travel. MOST parking lots are NOT publicly maintained (except for parks, government lots, etc.).
What that means is that, basically, it would be hard to issue a ticket to either driver, unless it can be shown that the parking lot does, indeed, fall under the definition of a "highway".
As far as the insurance companies go, they assess fault almost independently of the law, although they do take it into account. In most cases, it does NOT pay an insurance company to FIGHT, so they usually end up compromising. I did a quick search and could not find ANY case law concerning this issue. That's actually quite understandable when you consider that MOST parking lot accidents usually result in minimal damage, whereas the cost of hiring an attorney, going to trial and then a subsequent appeal would cost MANY THOUSANDS of dollars.
Sorry I couldn't be more help,
Where am I going? And why am I in this handbasket?