Based on what you have said, both of you may have contributed to this incident. Anyone backing from a parking spot has the duty and obligation to check for any oncoming vehicles. Similarly, the adverse party has a duty not to be speeding through a parking lot. I suggest that you allow your insurance company to handle this matter. That is why you pay them a premium. Why should you have to consider hiring an attorney on your own to fight a property damage claim when you have paid for insurance. Your insurance company certainly can deny 100% liability and may claim that you were only partially responsible for causing the incident. Your insurance company would have the obligation of only paying for that portion of your liability.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.
Your insurance contract gives the insurance company the ability and right to allocate fault between the parties involved in the crash for the purpose of settling the claim. Your insurer should have requested a recorded statement to verify your version of the facts. The insurer should also have contacted the witnesses to verify their statements as well. If you believe this has not occurred, you should contact your insurance company and provide the names and contact information of the witnesses.
Without knowing the specific facts of the accident, or speaking with the witnesses, it is difficult to make a determination of who caused the accident. Regardless, if the insurance company determines it is best to settle the claim, you will be forced to live with their decision.
If you are sued, your insurance company will provide an attorney to represent you.
Disclaimer: This post is for informational purposes only, and is not intended to provide legal advice or create an attorney/client relationship. In order to obtain legal advice, you should discuss the specific facts of your case with an attorney licenses to practice in your area.
If you read your policy thoroughly, I suspect you'll find that it gives the insurer the power to make all the decisions on your case. Ask your insurer whether they will at least sue the tortfeasor to get your deductible back. If it won't, then you can consider taking the tortfeasor to small claims court to get that back. Otherwise, your insurer will do its thing without your input.
Sign up to receive a 3-part series of useful information and advice about personal injury law.