Auto Insurance Claims: Driveway accident, rear quarter panel, 2008 camry

Question
QUESTION: I know the rules of road and insurance act states that whoever backs-up onto a roadway is at-fault.  I feel my situation is different, yes, i was backing out of the driveway, in the morning around 10:30am.  It is a two lane street with a broken center line in the middle. There were also cars parked on the side of the street.  My rear of the car including the right rear wheel was already on the street.  Check for oncoming traffic, nothing. My car wasn't moving at the time, i do have tinted windows both front and back, as soon as i took my foot off the brake.  I was hit in the right rear.  The force of the impact, push my car sideways. Its a brand new 2008 camry, there are damages in the rear quarter panel, right rear wheel bent in, and damage to the right rear door.  The side airbags were also deployed.  The posted speed limit is 25mph.  THe body shop estimated damages to be about $10,000.  There were no witnesses, police didn't want to come because of no serious injuries.   Its basically my word against his.  I feel like he was speeding, but he might argue that i backed out and he had the right of way.  We did exchanged information and noticed his insurance was expired, don't know if that matters.  But I did file a claim with my insurance, and the other party's insurance.  Gave statements to both insurance company,  and what puzzles me is that, I have the car for less than 6 months, and i have my insurance for less than 6 months as well (full coverage).  My insurance, however, within 2 business days after making my claim settled my claim pretty quickly and gave me a check for the amount of the car estimate.  I haven't heard from the other party's insurance yet.    Does this mean that i am principally at fault ?  Please help.

ANSWER: Hi Jason,

Unfortunately, it sounds like everyone has decided you were at fault. You should call your claim adjuster to if based on the statement they took from the other driver if they have decided you are at fault. I think in the end that will be the case. The other insurance company will likely not contact you unless they felt their insured was at fault.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: Hi Richard,
I spoke with my claims representative from my insurance company, is it the same as the claim adjuster?  but anyways, she is telling me that they have not determine who is at fault yet, they are still "investigating'.  However, she did tell me that the other party hired an attorney, my question is why? the other driver collided into me, there were no injuries.  I substained minor bruises and soreness, and thats it, but i didn't hire an attorney, i just wanted to get the car fixed and move on with the whole ordeal.  The car that hit my car was worth less than $3k.   What happens in this process? will my insurance company defend me? I feel like the other party is just trying to get some extra money.  Please help, thanks

Answer
Hi Jason,

The claim rep and the adjuster is the same thing.

Your company will defend you if you are sued. If you receive any calls or letters from the other driver or their attorney, you should referr them to your claim rep/adjuster. They will handle all investigations and all negotiations to try to settle the claim. If you have any questions regarding what is going on or how things are being handled, you should call your claim rep. They will have the most information about what is going on with the claim.

I hope this helps
Richard Hixenbaugh