Auto Insurance Claims: Questioning the principally at fault under California law, claim adjuster, comparative fault

Question
Three weeks ago, I involved in a car accident at my apartment complex parking lot. I was parking three stalls away from an intersection. I looked to the right, and when is clear, I start backing up slowly. In a split second, when I turn my head to the front, just to make sure that my left front will not hit the car on my left side; I felt my car hit something behind. Apparently, there was a car coming from the intersection then making a turn towards behind my car. I made a report to my insurance company at the same day, described the fact to a claim adjuster only by phone briefly. The claim adjuster never calls back for further investigate nor ask for more proofs, but instead I received a letter stating that I am "principally at fault" three weeks later. With that, I am 100% at fault and the other driver is 0%. I was disappointed because I think we both have our part of negligence and I was expecting a 50-50 so both party will be responsible for their own damages.

My question is, under California law, am I "automatically/no question asks" 100% at fault if I rear-ended another car? (That was basically the claim adjuster's answer when I try to make a case). In the letter also stated "California law provides that a driver may be considered to be principally at fault if the driver's actions were at least 51 percent of the proximate cause of the accident". Is that correct? Because I thought (from some articles/readings), California adopted the pure comparative fault as a measure of damages.

I am clueless about the law but I was so disappointed with the result and I need your help for my piece of mind. I would be greatly appreciated your knowledge and answers because I am thinking of submitting a second review but debating if it is worth the effort.

Answer
Hi Melanni,

Since I am not an attorney and am not specifically familiar with California liability law I can not answer your question.

However, it is generally considered that a person backing out of a parking space does have the greatest duty to be sure that can do so safely. Unless the other person specifically did something negligent then you would likely be found to be 100% liable. However, you may want to contact a California attorney to be sure.

I hope this helps
Richard Hixenbaugh