Auto Insurance Claims: What to do now??, flat tire repair, comparative negligence

Question
Hello Bennie,   

I live in Illinois. I went to an auto shop to make a complaint about the damage done to my wheel from previous flat tire repair. I parked in front of the office entrance since there were no parking spaces available at the time. Came back out and got into my car and started the car that's when a mechanic was backing out a car and hit my driver side door. Insurance was filed and damage was appraised, the claim handler told me that it would be a 50/50 split. They accused me of parking in a no parking zone, which I said that I was unaware of it. I told her that I will not settle for 50/50, then she told me that she'll have to investigate further (going to the scene and take some pictures). She didn't contact me for 2 weeks. I called her many times and left messages, finally she returned my call. She told me that she's still investigating, waiting for the pictures to be taken. She asked me again if I will consider the 50/50 settlement.    

1)Is she basically dragging the claim??   

2)Illinois is a comparative negligence state...Am I really 50% at fault in this situation??   

3)I also found out that one of the mechanic (witness I guess) lied to the insurance company stating that he told me to park my car in a parking space, but I refused to.   

4)Should I file with my own insurance company, pay a deductible to fix my car first, and let them deal with the other insurance company??   

5)What should I do now to prevent dragging this claim on further??   Thanks in advance for your assistance.   

David

Answer
Hi David,
In my opinion, you should report this to your own insurance company, have them repair your car and do the battle to recover from the adverse company.
The adjuster from the adverse company is simply dragging her feet, hoping to wear you down to accepting a 50/50 split.
The fact that your car might have been in a no parking area is not relevant to fault.
Anytime a driver hits a non-moving object, be it a parked car (whether or not it is legally parked), tree or metal stanchion, they are 100% at fault.
I hope this has been of help,
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area