Auto Insurance Claims: Hassle with insurance adjuster

Question
Hi. Thank u for this web sight. My question is this. I was backing out of a parking spot and in a spot behind me another car was backing out. I saw him (he had no reverse lights) so I stopped. He didn't. My right rear bumper (actually just above bumper) made contact with his right rear door. He immediately blamed me. Since it's private property police would not come. I notified my insurance company what happened. The problem is my insurance company seems to just want to settle the case pay it out and blame me. I'm having to deal with my Adjuster and basically hand walking through everything. I had a body man look at the damage to my vehicle which was very minor and the damage to the other vehicle and the body man says there's no way my car could have done all that damage. The body man believes that the damage on the other vehicle might have been pre-existing. Right now the case is still with the adjuster what can I do to win this case?

Answer
Hi Earl,

Parking lot accidents are some of the most difficult to settle. First what the body man says is not relevant. He did not see the vehicles before the damage and he did not witness the accident.

Based on your description, the best you can hope for is a 50/50 decision. This is due to the fact that you were both backing up from opposing parking spaces. Unfortunately, the details of what happened are your word against the other drivers word. However, it is ultimately the insurance adjusters decision to determine who is at fault and to make payments accordingly. If the insurance adjuster decides that it is easier and cheaper for the insurance company to just accept liability and pay the claim that is what they will do. That way the claim is closed, you are charged with an at fault accident and they can raise your rates. It's not pretty but it is the way it works, especially is it is a smaller claim.

You can continue to argue and try to speak to a supervisor or manager to explain your position, but, in the end it will be the insurance company that will make the decision.

I hope this helps
Richard Hixenbaugh