Auto Insurance Claims: Accident On Road Connecting Parking Lots., parking lot accidents, small claims court

Question
First of all thank you for answering my question.

About 2 weeks ago I was driving on a 2 lane road in a shopping center that separates parking lots. My speed was 15mph.  I had no stop signs on my road. As I was driving, another vehicle quickly accelerated out of the burger king parking lot, which is on my left side across the road. I braked hard, but I still hit her vehicle in the rear side.

We got out and exchanged security information. The other driver called the police and they arrived in a few minutes. They took statements and then told us that since it was private property, they could do nothing and it was up to the insurance.

The other driver was a 18 year old teenage girl with her boyfriend and 2 other friends in the car. Some of the statements she made include: "I thought I had enough time to cross" I couldn't see him"  The boyfriend reported saying "I yelled babe! in her ear"

Regardless, we contacted our insurance and sent them pictures of the location. The other driver's insurance is unable to contact the other driver. However, they are placing us at fault because we hit the other driver's car and not the other way around (They can't seem to comprehend the fact that the other driver accelerated quickly across the road and got struck in the side)

The issue is whether or not we had right off way. She was coming out of a fast food parking lot, while we were on a 2 lane road connection many parking lots together.

Here is a picture illustrating the situation better.
http://i60.photobucket.com/albums/h35/xcubed_oc/SR022213.jpg

If the other insurance claims 50/50 or anything else, we are looking for other legal options.

How could we resolve the issue in small claims court?

Thank You.

Answer
Hi Andrei,

Parking lot accidents are sometimes hard to determine liability. I did look at the picture link you provided. Based on that I would say that you are not at fault. If you choose to pursue this in small claims court you should take this picture with you along with a damage repair estimate for your car.  The other insurance company will always find you at fault when it is a parking lot accident and they can not reach their insured for a statement.  The other alternative is that you put the claim through your own insurance and they will try to get the other insurance company to reimburse them.  Good luck.

I hope this helps
Richard Hixenbaugh