Auto Insurance Claims: Accept their offer or fight their acceptance of liability?, neck shoulders, parallel street


Question
I was headed east down a two way road with no crossroads, parallel street parking on both sides.  My vehicle was struck from the side (t-boned)by another vehicle that was parallel parked, they were initiating a 3 point turn.  The impact point is in the middle of the front passenger door, essentially equal with the position of my body.  The other driver accepted responsibility for the accident at the scene and apologized.  I thought this was cut and dry, so no police were called.  I have pain in my neck, shoulders, hip & back.  I am concerned this pain could be on going.  I currently have a PIP with my insurance and a claim with the other driver.  The other driver's insurance company has offered to accept 85% liability of the damages to my car and that is it.  I protestd, and they bumped it up to 90%.  I am now waiting for a written offer and the transcripts of my recorded statement.  Her agent, who is very combative(even over his supervisor's phone # because he felt I already had it) has said asked me three times if I saw her and I said each time I did not.  I do not understand how I could have seen her.  I do not feel that I am at all at fault.  Their insurance has said that a "prudent person" should have seen their lights (come on automatically when engine is on) and been prepared for an impact from a parked car.  I did not see any lights or bliinker.  I feel that she started the car and immediately pulled into the lane where I was.  Should I fight this or accept 10% responsibility?

Answer
Based on your description, I do not see any negligence on your part. Even if you had seen her lights come on, there is no reason to expect a parked car to pull out and hit you.  Seems ridiculous to me.

Now, I've found there is often another side to a story like this.  If there is more to the story, my opinion might change.  But as you've described it, I would definitely fight.