Auto Insurance Claims: Parking lot accident, parking lot accident, eastbound side

Question
My wife was involved in a parking lot accident at 8PM probably two weeks ago. It was a CVS store parking lot. She was sure the aisle backward was clear, at least within three consecutive parking positions on both sides of her. She started backing slowly (<5 mph) straight northbound. Just about 1/3~1/2 of the rear was out the parking position onto the aisle, she saw a truck on the aisle backing westbound with unsafe speed toward her car. She took break and screamed. The truck obviously did not see her car at all and did not stop until it hit the rear of her car in just one second. The collision on her car was severe and vertically dented in the direction of the backing truck. The truck did not have any visual damage. Cause it in was private parking lot, the police did not come. The truck drive gave my wife his insurance information but he did not ask her for that. Unfortunately, there was no witness. And another fact is the aisle the truck was backing was two-way by commone sense and the truck was backing on the right side of the aisle where most of people should go eastbound.

When we file claim with the truck driver's insurance company. The adjuster insisted that such kind of incident should be 50-50 fault. We could not agree. Because my wife's car was barely moving when she was hit. Secondly, although the aisle does not have separation line in the middle, the truck driver was backing westbound on an eastbound side of the aisle. We think the truck drive should be more, if not 100%, at fault.

The problem is that our insurance is liability only. So we was told to deal with the truck dirver's insurance adjuster by our own. And we do not have witness or police on site when the accident occured. The adjuster just insisted 50-50 and we have no way. I am pretty sure this accident was recored by CVS's circuit video, but the store said only police can request copy. It seems we cannot find a way to deal with it fairly anymore. Am I right? Please give me some suggestions. Should I just give up and accept the 50% offer? This already took me a lot of energy. Thank you very much for your expertise.  

Answer
Hi Steven,

Unfortunately, parking lot accidents can be the most difficult to decide who is at fault.  When an accident occurs where both cars are backing up, it generally is decided that both parties are 50% at fault. Since you do not have witnesses it will be very difficult to prove other wise. If you hire a lawyer he may be able to get the video from the store. However unless the damage is very extensive it may not be worth it.

I hope this helps
Richard Hixenbaugh