# Someone Backed Into Me in a Parking Lot | DG > Their liability pays, with no deductible to you — and a backing driver yields to the lane, so it is rarely a 50/50. The exact steps to take, in order. - Canonical page: https://dgcollision.com/answers/someone-backed-into-me-in-a-parking-lot/ - This file: Markdown twin of the page above (clean text for AI assistants and crawlers) - Business: DG Collision Center, 693 Metro Park Cir #20, Lewisville, TX 75057 — (972) 219-0864 (text: 817-907-2822) — since 1978 - Hours: Mon–Fri 8:30am–5:30pm, Sat 10am–1pm, closed Sunday · 24/7 towing · 4.9/5 on 500+ Google reviews - Full site index for assistants: https://dgcollision.com/llms.txt - Last generated: 2026-08-14 --- # SOMEONE BACKED INTO ME IN A PARKING LOT Quick Answer Their insurance pays, and you owe no deductible on it. A driver backing out owes a duty to the car already in the lane, so a back-into-you is rarely a 50/50 — but evidence is what makes that stick, so before anything moves: photograph both cars where they sit, get the other driver’s name, plate, and insurance, and grab a witness if one’s there. File on their liability coverage and you pay nothing out of pocket; you can also run it through your own collision and let the insurers settle it. Your shop choice is yours by law (Tex. Ins. Code §1952.301), claim number or not. If they drove off, it becomes a hit-and-run — still fixable, different coverage. Get a Free Written Estimate By [Shah Jiwani](https://dgcollision.com/about/shah-jiwani/) · Owner, DG Collision Center Updated October 13, 2026 4 min read I-CAR Gold Class · PPG Certified The Longer Answer ## WHAT TO DO IN THE LOT, AND WHO ACTUALLY PAYS First, the fault question, because it drives everything else. A driver backing out of a space has to yield to a vehicle already traveling the lane — so when someone backs into you, the presumption usually runs their way, not into an automatic split. That’s the opposite of the [“parking lots are always 50/50”](https://dgcollision.com/answers/is-a-parking-lot-accident-always-50-50/) myth, which adjusters lean on precisely because parking-lot hits are often under-documented. The fix is evidence, gathered in the two minutes before cars move: photograph both vehicles in place (position is the story — once you pull apart, you can’t prove who was where), then wider shots of the lane and the space, the damage close up, and the other car’s plate. Get the driver’s name and insurance, and if anyone saw it, a name and number — a single witness collapses most he-said-she-said. Now the money. When the other driver is at fault, you file on their liability coverage, and liability carries no deductible to you — their insurer pays to put your car back, period. You can also choose to file on your own collision coverage: you’d front your deductible, but your carrier then pursues the other insurer and refunds that deductible once they recover (Texas gives them a one-year window to do it). Which path is faster depends on whether the other driver’s carrier accepts liability quickly; when they do, letting [their insurer pay the shop directly](https://dgcollision.com/answers/can-the-other-drivers-insurance-pay-the-shop-directly/) is the clean route. If both of you were somehow moving, fault can split by percentage — how that works is in the [both-at-fault answer](https://dgcollision.com/answers/who-pays-if-both-drivers-are-at-fault/) — but a parked-or-through-lane car backed into is rarely that case. Two things that trip people up. Your shop choice is yours — the other driver’s insurer (or your own) will often “recommend” a shop, but §1952.301 puts that decision with you, and you can bring the car here regardless of whose claim it is or which network anyone names. And if the other driver left the scene — a hit-and-run while you were parked and gone — you’re not stuck: it typically runs through your own uninsured-motorist or comprehensive coverage, and a police report matters more there than in any other scenario. The [hit-and-run guide](https://dgcollision.com/guides/hit-and-run-texas/) walks that path. Either way, text us a photo of the damage and the claim number if you have one, and the paperwork becomes our job, not yours. Related Questions ## ASKED ALONGSIDE THIS ONE Do I have to pay a deductible if they backed into me? + A: Not when you file on the at-fault driver’s liability coverage — liability has no deductible for the person who was hit. If you instead run it through your own collision coverage for speed, you’d pay your deductible up front, but your insurer recovers it from the other carrier and refunds it to you, typically within a year. Either way, the deductible isn’t a permanent cost when you weren’t at fault. It’s a parking lot — isn’t it automatically 50/50? + A: No — that’s a myth insurers lean on when nobody documented the scene. A driver backing out yields to the lane, so a back-into-you usually points fault their way. What makes it stick is evidence: in-place photos showing the backing car and your position, plus a witness if one’s there. Gather that and the “50/50” default rarely survives. They left before I got back to my car. Now what? + A: That’s a hit-and-run, and it’s still fixable. Photograph the damage, look for parking-lot cameras or witnesses, and file a police report — it matters more here than anywhere else, because uninsured-motorist coverage generally requires it. Depending on your policy, the repair runs through your UM or comprehensive coverage. The hit-and-run guide covers the full path. Can I bring it to you even though it’s their insurance paying? + A: Yes — §1952.301 makes the shop choice yours on any Texas claim, including one paid by the other driver’s carrier. Whoever “recommends” a shop is making a suggestion, not a rule. Bring us the claim number and photos and we handle the estimate, the supplements, and the adjuster correspondence from there. Go Deeper [Parking-lot fault](https://dgcollision.com/answers/is-a-parking-lot-accident-always-50-50/) · [Their insurer pays the shop](https://dgcollision.com/answers/can-the-other-drivers-insurance-pay-the-shop-directly/) · [Hit and run](https://dgcollision.com/guides/hit-and-run-texas/) · [All quick answers](https://dgcollision.com/answers/)