Car hit in a parking lot - this a 50/50 case?

[EDS]

What is the name of your state?What is the name of your state? California

Pulling out of a parking spot at a department store parking lot, another car backed into me denting my driver side door and quarter panel. The other driver’s insurance company is looking at 50/50 because we were both backing up at the time (although I was in the driving area first and he hit me). Is this a 50/50 claim? The other person’s insurance company is playing hard ball, is it worth going to small claims court?

 

[teflon_jones]

If they hit you in the door, then I'd say this is their fault. A lot of parking lot accidents end up being classified as 50/50 though, even in cases like this. You can either take the other person to small claims or else submit this to your own insurance company and let them deal with the other company.

 

[EDS]

I don't have full coverage otherwise I would leave it up to the insurance companies to duke it out. Since the money is coming out of my own pocket, I am leaning towards a lawsuit.

 

[JusticeSeeker1]

Small claims may work. First, you should try to ensure the insurance company that you deny liability completely. Focus on the other drivers negligence as evidenced by the fact that he hit you in the door. Build a paper trail and evidence such as photos etc. Did the insurance company record your statement of the facts surrounding the accident?

 

[EDS]

The other person's insurance company did not record my statement of the events, but mine did. His insurance company had an adjuster come out to see my car and came up with an estimate that was half the one I got and they only want to pay half of that. . How should I prepare for court?