Auto Insurance Claims: hit and run, hit and run auto

Question

Hi, I was involved in a hit and run collision in a parking lot. I got the license
plate and description of the plate. anyways, I started backing out of my
parking spot and stopped because I saw someone else backing out about 5-6
cars down in the row behind me. I was at a complete stop and in control of
my vehicle, when this person was paying attention to a vehicle in front of
them and kept backing up, and backed up right into the side of my car.(the
middle) At this point the other vehicle took off and forced me to call police.
My insurance company keeps telling me that it is going to be 50-50. I don't
believe this is fair at all. I was not backing up at the time and was side swiped
with the back of their car. what should I do?

Answer
Hello Tim,

If you have any eye witness statements, that will help with your own insurance company as well as if you go to small claims court for any amount not paid by your insurer.

As to who is at fault, if the accident happened as you said, then it is not 50-50, unless you are insured with a "low quality" insurer who says you should have blown your horn, or quickly pulled back into your own spot. Go over the adjuster to the manager and see if they put the denial in writing. If the manager backs up the adjuster, fax a letter to the CEO of the insurer. You can get that info on the internet.

That's great you at least got the guys license plate. That lets you make a claim under "uninsured motorist" coverage and thus avoid the deductible.

In my opinion, since the other driver is unable or unwilling to refute your account, then that should give you a huge advantage in court or with your insurer.

And track down the license plate, or let the cops do it. And get photos of the other car showing parts or each car damaged and the parking lot. Find out who the car owner is and sue him/her and the driver if known.