Auto Insurance Claims: Parking Lot Collision, parking lot accidents, rear fender

Question
Hi Richard.

About a week ago I had gotten into an accident with a car parked directly across from my stall. The stalls were slanted. I had looked around (like usual) to make sure that no one was approaching my vehicle. A few seconds later, while backing up, I had felt a bump. Apparently, the car parked directly behind me had decided to reverse at the same exact time.

Damage on my car is a small dent (about 3-4 inches tall, .25 inch wide) near the middle of my bumper. Damage to his car was on the left corner of the bumper, a bent left-rear fender.

I had two eyewitnesses in the car at the time: my girlfriend and her grandmother. The other vehicle had only one person in the car, but he was not the registered owner; his brother was. We had both exchanged information and I told him that I did not plan on pursuing seeing as how we both backed up at the exact same time.

Now, I had filed a claim and followed procedure. But just yesterday I received a phone call from my agent saying that the owner of the other vehicle wants to pursue.

My question is this: I had agreed not to pursue and even said that to the driver of the car, however, not being the driver but the OWNER, his brother decided to pursue for the damages on his car. What will happen if I decide to pursue as well and what are my best options?

Both of my eyewitnesses had also done a head check and did not see an approaching vehicle from any angle. In my opinion, in order for the other driver to have hit me in that spot would've required a lead foot. However, seeing as how the damage to my car is minimal, I decided not to pursue. But the owner of the car is fighting back. What outcome can I expect out of this if I decide to counter his claim?

Answer
Hi Bress,

Parking lot accidents are some of the most difficult to determine liability. Unfortunately, your 2 witnessess and the other cars witnessess will not be given much weight since they are no independent unbiased witnessess.

Since the other vehicle is pursuing damages from you, you should do the same against him. The likely outcome in that you will each be considered to be 50% at fault. Each insurance company will pay 50% of the damages to the other party.

I hope this helps
Richard Hixenbaugh