Auto Insurance Claims: Backup accident, accident report, insurance agency

Question
On 03/04/07 I was driving out of a parking lot toward the exit and pulled up and stopped a few feet behind a large pickup truck which was stopped.  The next thing I knew I heard him crashing into my car.  The other driver said to me that he didn't see my car behind him at all, and that he had backed up because he and his passenger were looking for a laundry or dry cleaner in the shopping center.  I told the other driver that there was some previous damage on the front of my car, because that was the truth.  I called police, & the officer came.  I told him what happened, then he spoke to the other driver, out of my hearing.  He asked if we wanted an investigation.  He said that he could cite both of us and that we would both get points.  I asked him why I could be cited but he would not say. I spoke to my insurance agency.  The person I spoke to suggested I may want to get the investigation, so I told the officer that I wanted an investigation.  He said we could call in a few days to get the report, but when I did, I was told I had to get in in person.  When I got the investigation it said "vehicle 2 (me) pulled up as vehicle 1 checked the mirrors to make sure vehicle 2 was not too close.  Vehicle 2 did not take action to avoid the collision."  It has a section filled out which says under vehicle 1: "no improper driving/action", and under vehicle 2 (me): "followed too closely".  It also said that vehicle 1 was "backing" and that my vehicle was moving "straight ahead", although it was actually stopped.  Under a section "First/subsequent harmful events, he has me down as "rear end", and the other driver as "all other (explain in narrative)".  Finally, both of us, per the accident report, were cited for "failure use due care".  I went to the courthouse & got a copy of the citation with the number written by my name and was given a copy of a citation written by a different officer on a different driver on 03/22/07.  I was told there was no citation under my name.  They are investigating it.  I have a call in to the officer to attempt to get the accident report amended, am hoping it was simply a misunderstanding of what happened.  I would like to know what the insurance law is when a car backs into a stationary vehicle.  Today is 4/13/07.

Answer
Hi Susan,

This is not so much what the law is, it is about who is telling the truth. This is a classic he said, she said.  You will likely have to arrange a court date and let a judge decide, based on the evidence, who was at failt.  If you can find any witnessess that would be willing to testify, it would be a big help.

I hope this helps
Richard Hixenbaugh