Auto Insurance Claims: car accident in parking lot, car accident in parking lot

Question
I am divorced with joint custody of my children.  My ex has primary custody and hence is required to provide car insurance for the children.
My oldest son was backing my car up with the driver's door open from one parking space to another in a church parking lot.  It was on my wedding day.  I was inside the church and was not told of the accident for a few hours after the fact.
My second cousin was driving someone else's vehicle (I will refer this as the brown vehicle).  She came "flying" into the parking lot (as per a witness' account) and was not looking where she was going, but instead was looking at another person to her left.  She made impact with my car.  Her brown vehicle rubbed from the back bumper on the drivers side, all the way to the drivers door, which then opened fully and touched the front bumper - crunching the door and front bumper badly enough that the door is now not closable.
The police were called and did respond to the scene but did not issue any tickets as it was on private property.
I filed a claim with the brown vehicle's insurance company.
The brown vehicle's insurance company, Nodak Mutual, denied my claim saying my son was still moving when their car was already stopped.
My question is this:  The brown vehicle made the initial contact, by the time she realized where her vehicle was, she had slowed down a great deal and did make contact with my vehicle.  Is her insurance company correct in saying she is not at fault?
If so, do I file against my son (or ex husband's) insurance?
I have Geico and do not have full coverage.
Please advise.  Thank you.

Answer
Hello Deyan,

I cannot answer this question. An investigation of all evidence, parking lot, and witness statements is needed before I can tell you who is at fault. Normally, parking lot accidents are split fault as all drivers have a duty to be extra careful.

Also, You say you have joint custody, but then he has primary custody. This seems contradictory. At any rate, the statement "thus he has to provide insurance for the children" is probably incorrect. Simply because one parent has primary custody, it does not mean that the parent must provide insurance coverage. The parenting plan could outlined this duty and the non custodial parent could have this duty.

In addition, must insurance policies provide coverage for family members. If he was attending your wedding (he is in your custody at the moment) and he is your child (your family), then you insurance policy will likely be the primary insurance to provide coverage.

For more about coverage, please see:

http://www.auto-insurance-claim-advice.com/insurance-coverages.html

Again, this is too complicated for an allexperts question. You need to talk to an attorney.


Good Luck
Anne
http://www.quirogalawoffice.com/

Good Luck