Auto Insurance Claims: Insurance claim, backing out of a parking place

Question
Hi, Justin,  I had an auto accident on Feb 11, 2011.  While I was backing from a parking space, from the rear mirror, I saw the lights of a car behind me turned on and started to back off.  I stopped but the other party didn't.  Her car bumped into mine and my car's rear bumper was damaged.  There was no witness and no police was called.  Her insurance company offered 50% coverage of my repair cost based on 50/50 share of responsibility.  However, I feel really unfair and worry that by accepting the settlement, my future auto premium will be increased.  Apparently my insurance company is not going to fight for me (as no other evidence is available and nothing will be paid out from my policy).  I have asked her to contact Walmart and see if CCTV video can be obtained.  However, unless we have a court order, Walmart won't release anything.  What can I do now?  Should I accept the settlement (I estimate the repair cost will be less than $1,000)?  Your advice is highly appreciated.

Answer
Teresa,

  You are in a common situation.  Unfortunately, if Wal-Mart won't cooperate (I have been able to convince them to let us review the videos with their security staff many times) then you'll have to either accept the 50/50 settlement (which is very common in this siutation) or take some other approach (small claims suit is very effective, but I'm no attorney, if you need legal advice, contact an attorney).  

  You are right to worry about your premiums increasing, but you'll have to contact the underwriting department at your carrier and they can tell you if you'll be paying more for insurance because of the accident.

  My suggestion is to move on.  I normally would not offer that suggestion as I am principle driven, but I have to say that you might actually be 50% at fault.  The only other potential bit of evidence is the EDR (event data recorder) that is in a lot of vehicles nowadays.  The problem is that it may cost $200.00 or more to retrieve the data from the recorder.  The recorder would prove you were not moving at the time of the accident which is the best evidence that the other party was majority at fault.  When backing out, one owes a higher duty to be careful because of the increased problems with visibility and maneuverability, so normally if you sue with limited evidence and you are the one backing out, you lose.