Auto Insurance Claims: parking lot, parking lot accidents, rear view mirror


Question
QUESTION: I had a minor accident in the parking lot of my employment.  I checked both directions to assure there were no other cars coming in either direction, first left then right.  I slowly started to back out to the right and 3/4 of the way out I bumped something.  I drive a Chevy Tahoe and through the rear window I saw nothing, then I checked the right rear view mirror and saw a small car.  I got out and the guy says you hit me.  I told him I had checked both ways and was reversing slowly, his only comment was he never saw me.  I asked him why he didn't honk, he said he never saw me.  He said his car didn't look too bad, we didn't need to involve insurance.  I thought it was pretty much over, now ten weeks later he is trying to give me a bill for $1,000.00 to replace his bumper.  I gave him my insurance information, but I think if I don't also file a claim, it may appear as if I am assuming fault?  And since I didn't call my insurance company 10 weeks ago, am I in trouble? I don't believe I was at fault I was paying attention both directions and reversing slowly, he was the one that said he never saw me, which would mean he wasn't paying attention. Do you have any advice? What are the chances I would be found at fault, because this would raise my insurance.
Thank you,
Tiffany

ANSWER: Hi Tiffany,
You need to report this accident to your own insurance company immediately.
You need to also file a claim against the driver of the other car.
Due to the lack of a police report, lack of a witness and the fact that each of your statements to your insurance companies will be conflicting, most parking lot accidents are eventually settled on a 50/50 fault basis.  
I hope this has been of help.
Sincerely,
Bennie
San Francisco Bay Area

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

QUESTION: Hi Bennie,
As a follow-up to my scenario, it was decided I was 100% at fault.  Even though I made every effort possible to avoid an accident and he admittedly did not, they said I was the one reversing and that's who they find 100% at fault.  What a just world we live in when you can go out and cause an accident and get paid for it.  He admittedly was going faster than he should of in the parking lot not paying attention and having every oppurtunity to avoid the accident and did not.  They said they don't put speed into the factor and that he is believed to have been occupying the lane first.  Which I can't understand when I am already in the lane.  He threatened me to pay and told me no matter what I would be found at fault, because the person who is reversing is always found at fault.  He has harrassed me at work and he even gave a false date on when the accident occurred.  They said it doesn't matter what date he gives, the fact is it occured.  He said it happened on a Saturday, I'm not even here on Saturdays.  So I guess let this be a lesson to all, even when you make every effort to avoid an accident and the other party does not, there is a high chance your insurance won't care and deem you at fault.  Basicly, we just reinforced for that guy he doesn't have to try avoid accidents, matter of fact he can cause them and we'll pay him for it.  I even had a witness, but it was my employer and they didn't feel it was credible, because he may be biased.  So now my insurance will go up and I don't even want to drive anymore.

Answer
Hi Tiffany,
I'm sorry to hear the final results of your claim were settled at 100% your fault.
Under the legal wording of your policy, the insurance company has the right to settle any claim as they see best fit.
It looks like they were not willing to battle for you this time.
Bennie