Auto Insurance Claims: gas station, parking lot accidents, minor accident

Question
I was involved in a minor accident that occured in a gas station parking lot. The poor design of the lot did not allow for a vehicle to proceed to the other side of the lot when it is at full capacity. On this particular day it was completly full except for one right side pump. Of course my tank is on the left. I opted to back into the spot. While in the process of backing another vehicle pulled into the lot and recklessly pulled forward to same spot hitting my right rear corner with his front right corner. As it turns out the other driver was driving without any insurance and without his registration in hand and was cited for both by the police. There was no damage to my vehicle and minor to his. He filed a claim to my insurance company and they are saying I am 100% at fault. Am I really 100% and what recourse do I have if I disagree with my insurance.

Answer
Hi Peter,

Parking lot accidents in general are some of the most difficult to determine liability. In this case your insurance company likely determined you to be at fault because you were backing up. When the other vehicle was approaching he likely thought that you completed your purchase and that he was next. Expecting you to be pulling forward, he pulled forward. Under the circumstances it would appear that you backed into him.

If you do not agree with your insurance companies decision, you can call them back and ask for a detailed explanation for their decision. In this case though, I think the best you could hope for is a finding of 50/50 liability. In reality there is no difference though.

I hope this helps
Richard Hixenbaugh