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How to Determine Fault in a Parking Lot Accident

Last Updated on December 8, 2025

Whether you’re running errands, heading to work, or parking at the mall, there’s always a risk of an accident in a parking lot. Low speeds often mean minor damage, but determining fault can be surprisingly complicated.

Parking lots have cars traveling in multiple directions, drivers backing out of spaces, pedestrians walking around, and lanes that may or may not be clearly marked. All of this makes fault determination harder than on a public roadway. Below, we break down how fault is typically assigned in parking lot collisions.

Key Takeaways

Parking lot accident fault can be confusing because right-of-way rules are less clear than on public roads.
Drivers in through lanes almost always have the right of way; drivers exiting parking spaces must yield.
When two cars back out simultaneously, fault is often shared unless one driver clearly acted negligently.
Having full coverage ensures your own vehicle is protected during the most common types of parking lot incidents.

Table Of Contents

Why Is It Hard to Determine Fault in Parking Lot Accidents?
What Happens If You’re At-Fault?
FAQs About Parking Lot Accident Fault
Final Word

Why Is It Hard to Determine Fault in Parking Lot Accidents?

Unlike major roads, parking lots rarely have clear right-of-way rules, traffic signals, or police oversight. Cars are entering, exiting, backing up, and cutting across aisles. Because the environment is uncontrolled, determining responsibility can be tricky.

Two drivers may both think they have the right of way, and collisions often occur at low visibility angles. That’s why insurance companies look closely at right-of-way rules, lane types, and driver behavior to assign fault.

Right-of-Way in a Parking Lot

Most parking lots have two types of lanes:

Through lanes – the main lanes running around the perimeter or between sections
Parking lanes – the smaller aisles between parking spots

General rule: Drivers in through lanes have the right of way. Drivers exiting a parking space must yield.

Example: If you pull out of a parking spot into a through lane and collide with a car driving through, you will almost always be held liable.

Exceptions to the Rule

There are exceptions where the through-lane driver becomes at fault:

If the through-lane driver ignores posted stop or yield signs
If signage gives right-of-way to vehicles exiting parking spots

In these cases, the driver who violated posted traffic signs is typically found at fault.

When Two Cars Back Out at the Same Time

Backing-up collisions are some of the most common—and most confusing—parking lot accidents. Both drivers have an equal duty to ensure the path is clear before reversing. Because both were moving, assigning fault can be difficult.

General guidelines:

If one driver was already reversing and clearly visible, the second driver must wait
If it’s unclear who backed up first, BOTH drivers may share fault
Investigators may rely on cameras, statements, and vehicle damage patterns

Do not assume you or the other driver is automatically at fault. Law enforcement, insurers, and sometimes third parties must evaluate the situation.

Hitting a Parked Car

This is the easiest type of parking lot accident to evaluate. If a moving vehicle hits a parked car, the moving driver is almost always at fault. A parked car cannot avoid the crash, so the moving driver failed to use reasonable care.

Parking Lot Scenario	Likely At-Fault Party	Reason
Driver pulls out of a parking space into a through-lane car	Driver exiting the parking space	Through-lane drivers have the right of way; exiting drivers must yield.
Driver in through lane ignores a stop/yield sign and hits someone exiting a spot	Driver in the through lane	Ignoring posted signage overrides normal right-of-way rules.
Two cars back out of spaces at the same time	Shared fault (often 50/50)	Both drivers have equal duty to ensure the lane is clear before reversing.
One car is already backing up, the second driver reverses into them	Second driver	Drivers must wait if another vehicle is already backing out.
A moving vehicle hits a parked car	Moving driver	Parked cars cannot avoid collisions; moving driver failed to use reasonable care.
Driver cuts diagonally across parking lanes and collides with another car	Driver cutting across lanes	Improper lane use; diagonal driving is almost always deemed negligent.
Pedestrian collision in lot	Usually the driver	Drivers must yield to pedestrians and operate at safe speeds in lots.

What Happens If You’re At-Fault?

If you’re deemed at fault in a parking lot accident, your liability coverage pays for the other vehicle’s damages. Your premiums may increase afterward, depending on your insurer’s surcharge policies. In many cases:

Your insurer pays the other driver using your liability coverage
Your rate may increase at renewal due to the claim
Your collision coverage pays for repairs to your own car (minus your deductible)

Parking lot collisions are extremely common, so having near-full coverage (liability + collision + comprehensive + uninsured motorist) helps protect you financially.

FAQs About Parking Lot Accident Fault

Who is usually at fault in a parking lot accident?

Fault depends on right-of-way rules. Drivers in through lanes usually have the right of way, while drivers backing out of spaces must yield. A moving driver who hits a parked car is almost always at fault.

How do insurers determine fault when two cars back out at the same time?

In many cases, both drivers share fault because both have equal responsibility to ensure the lane is clear. If one driver clearly began backing out first, the second driver may be held primarily responsible.

Does hitting a parked car automatically make me at fault?

Yes. A parked vehicle cannot avoid the collision, so the moving driver is generally considered negligent and therefore at fault.

Can signage affect fault in a parking lot accident?

Absolutely. If a driver in a through lane ignores a stop or yield sign, they may be found at fault—even though through lanes typically have the right of way.

Should I call the police for a parking lot accident?

Yes. Having a police report helps establish facts and makes it easier for your insurance company to assign fault accurately. Many insurers require documentation for claims involving disputed liability.

Will my insurance rates go up after a parking lot accident?

If you’re found at fault, your rates may increase at renewal. Even low-speed collisions can lead to a surcharge, depending on your insurer’s policies and claim history.

Does full coverage help in parking lot accidents?

Yes. Full coverage—including liability, collision, comprehensive, and uninsured motorist protection—ensures both your car and the other driver’s damages are covered in most parking lot scenarios.

Final Word

Parking lot accidents may happen at low speeds, but determining fault is rarely straightforward. With vehicles backing out, crossing aisles, or navigating tight spaces, even a minor misjudgment can create a complicated liability situation. Understanding right-of-way rules—and knowing how insurers assign fault—can help you avoid costly surprises after a collision.

Whether you’re found at fault or not, making sure you have the right insurance coverage is essential. A policy that includes liability, collision, comprehensive, and uninsured motorist protection ensures you’re covered in nearly every parking lot scenario. And of course, practicing patience, staying aware of your surroundings, and backing out slowly can greatly reduce your chances of a claim.

If you’re unsure whether your current policy provides enough protection, take a moment to compare quotes and review your coverage. A little preparation can save you a lot of hassle the next time you pull into—or out of—a parking lot.