Review the scenario below and answer the questions:

Amy went to a shopping center with a friend; it was quite crowded and available parking spaces were scarce. Amy was traveling down an access isle and there was a gentleman on the left hand side of the isle loading his merchandise into the back of his truck. Amy stopped about 3 parking spaces back to wait for him to finish loading his vehicle and vacate the parking spot. She had been setting there a couple of minutes when her passenger yelled, "OH #**#." As she turned toward her friend to see what was going on there was the sound of an impact to her car. A man who was parked in the right hand side of the isle, backed into her car and hit her front passenger fender. Her friend was thrown forward and held his neck in pain. The driver got out and “oh I'm sorry I didn't see you and all of that”… and Amy said “well you must have not looked because I was only vehicle in your rear view mirror.”

1. Amy filed a claim but the other Insurance Company (of the defaulter‘s) wrote that Amy was partially at fault for not paying attention while waiting to park. If you were Amy, what would be your response?

2. Where does the liability of this accident lies? With Amy or with the defaulter? Or both? If you were the Judge of a small claims court; what will be your decision? Justify your decision based on your understanding of this law.