First accident, some questions.

[Serindipitous]

Connecticut

So I went to pick up some prescriptions at CVS Friday night and I went through the drive through (sick and lazy). As I drove out of the parking lot some woman backed up out of her spot into my car because she was too busy talking on her cell phone to notice my sick screams and horn honking. She told the cop that I was "barreling around the corner" and swiped her car with mine. We each told the officer our side of the story she distorted hers, of coarse. I drive a '95 mitsubishi mirage that had an imperfect paint job to begin with, not bad but dings and such here and there, nothing larger than a dime sized mark here and there. She drove a red ford taurus, maybe 2 years old tops. I'm quite sure she'll file a claim.

Do I file the claim? If i do, with my company or hers?
Do I alert my company if I file with hers?
Will my premium go up?
Anything else I should know?

 

[ecmst12]

Regardless of what you were doing, SHE was backing up, making her at fault. Since it's pretty clear she did not see you before she started backing up (since if she HAD, she would have waited for you to pass), I don't see how her claim that you were speeding is going to hold much water. Go ahead and file a claim with her insurance. You can only file a claim with yours if you have collision coverage. Expect them to possibly make a deduction for prior damage if your car was banged up to begin with. You may want to let your insurance company know what happened just in anticipation of her trying to claim that you were at fault, so they can defend you against her claim. Your premium will not go up significantly unless you are found at fault, which you should not be.