Auto Insurance Claims: a truck backed into my driver door, side mirror, presence of mind

Question
Hi Richard,

I'd like to ask your expert advice here how to deal with both insurance companies.

Someone backed his truck into the driver side of my car when I was already backed my car at work. As I saw he was backing towards my car, I honked my horn but he did not stop. Then I tried to shift gear to move backward or continue moving forward but I did not have time to do so before he proceeded to hit my car.
As a result, the left corner of his rear bumper caused a  wide dent spanning the area under the side mirror to the fender. Because of the still position of my car and he was moving into my direction, his car did not get any damage and my car did.
He claimed that he saw my light and tried to put the blame on my part. I did not have the presence of mind to ask him why he continued to back up after he saw my light.

I tried to claim with his insurance company but they only agreed to give 25% settlement out of $1800 because their loyalty is to the customer. Their rep could not answer when I asked how come my car got damaged in front if their customer backed out first as he claimed.

Now I engaged with my insurance company to pursue this settlement with the other company. My rep is inexperienced and just wanted to pay out of my collision coverage with $1K deductible. She could not answer when I asked why I would want to pay $1K out of my pocket if the other insurance is ready to give 25%.

My questions are:
1. How much settlement can I expect when the proof of damage shows I was the one backed out first and being backed into? Also the other car is not damaged at all.
Will the insurance company be willing to settle more if I threaten to go with the small claims lawsuit? Is it worthwhile to do so?
2. I plan to talk to my insurance rep's supervisor and asked for someone more experienced to get higher settlement from the other insurance company. What can I expect from my insurance to do?
3. Is it true that insurance companies have a list of scenarios how accidents happen so they can decide during settlement who is more likely to be at fault?

Thank you very much for your help.

Answer
Hi Henny,

Parking lot accidents can be the most difficult to decide. You have to state your case clearly and vigorously. Your insurance company will likely settle with the other insurance company because there is not much money at stake (for them).  You can take the case to small claims court but, unfortunately, unless you have independent wittnsses, it will be your word against the other driver. You will dee to draw god diagrams of the scene even get pictures so you can convince the Judge that you were not at fault.

If even a small percentage is blamed on you, it will go on your record as an af-fault incident and your premiums will likely be effected for the next 3 years.

I hope this helps.
Richard Hixenbaugh