Auto Insurance Claims: parking lot accident, parking lot accident, physical disability

Question
I was exiting a parking lot but, the exit gate would not open. I slowly backed up and was hit on the side of my bumper by a 85 yr old man who said that he did not see me. The elderly man had pulled into a parking space and was backing up to straighten his car when, he backed into my car. He admitted to not looking behind him because he has a physical disability that prevents him from turning his head to look back. His wife serves as his eyes and guide in looking behind when backing up. They did not look behind them so, they backed into my car, damageing the side of my car. His car was not damaged. There was just a little mark showing where his car struck mine. This man denies hitting me. Claims that I hit him! We have the same insurance co. (Geico). The insurance adjuster wants to give each of us 50% laibility. The police report states that man hit me and is physically impaired preventing him from looking behind him. After reading the police report, insurance company offered me 60% compensation. My question is why should I be held 40% responsible for an accident that i did not cause. The man hit me because he did not look behind before backing up? If, I accept 40% liability, will my insurance rates go up? Thank you very much, Christine

Answer
Hi Christine,

You are absolutely correct. The only reason they are trying to apportion some of the blame on you is so that can raise your rates for the next 3 years to get back the money they have to pay out.

You shoul dadamantlt fight this. Take this as high as you need to; sumervisor, manager, vice president of claims if needed. If they simply refuse, your only next step woulf be to file suit against the at fault driver. If the judge decides he was at fault then Geico will pay you out of his policy.

I hope this helps
Richard Hixenbaugh