Auto Insurance Claims: Parking Lot Collision, parking lot accidents, unobstructed path

Question
I was in a parking spot in a 3 tier parking lot. I was about 5 cars from the left entrance and 20 cars to the right column, where there are rows and intersections. I looked to the right, had a truck blocking my view to the left so I had to ease up out of the spot, about 3mph forward. I was turning left, to the exit. I looked to the right again, clear, the left still had a truck blocking so I decided to ease slowly out so as to leave appropriate time to react if a vehicle saw me before I saw them. There is space for two lanes, but no markers. Once I had passed the center at a 45 degree angle, I looked to the right a final time to see a vehicle crunching into my passenger front end. I know he was trying to go around me before I got all the way out but I was already out of the spot and accross the center of the drive. Shouldn't he, seeing me pull out first, have yielded the right of way since I was already in the lane. I was around 65 degrees from the parking spot, showing I'm clearly out of the spot. How, am I at fault here? My insurance co. is the same as his, so why would they fight about this. They didn't even offer an adjuster or anything, they just said I'm at fault for not ensuring I have a clear and unobstructed path. How can I see through vehicles? To the best of my vision, I was clear, I did check like I'm supposed to. I can't look when down that far.

Answer
Hi Dan,

Unfortunately, parking lot accidents are the most difficult to determine liability. However it is generally considered that the person trying to back from a parking space or move into a roadway has the greatest duty to be sure they have a clear path. That is what they are basing their decision on.

The only other thing you could do is to file a law suit against the other driver. You would have to bring drawings of the scene that crearly show where everything was. The if the Judge belives you more than the other guy he may find that you were not at fault.

I hope this helps
Richard Hixenbaugh