Auto Insurance Claims: Same insurance company, henc, rules of the road

Question
I was pulling into a parking spot at a grocery store parking lot.  The car next
to me started backing out.  I immediately sounded my horn and she kept
backing out.  My car was at a complete stop as I debated whether to put my
car in reverse to avoid her strike.  All the time I kept sounding my horn
thinking at any time she would hear it and react.  She backed her car into my
car.  We both got out of the car and exchanged insurance companies- which
both turned out to be American Family.  She called the police to file a police
report.  The police officer took down the information but said because it was
a private parking lot it was not his duty to assign fault but since we had the
same insurance company the way it normally works that we will both be
assigned a percentage of fault.  Is this true?  She "backed" into me clearly not
paying attention that I was behind her.  I live in Missouri and would like to
know what might happen and the best way to approach this matter.  She did
not admit fault and kept insisting that I must NOT of honked my horn
because there was a lady walking through the parking lot and the lady did
not look up.  I thought to myself that if she wasn't looking at the lady walking
through the parking lot perhaps she wouldn't have backed into me.  And,
perhaps the lady was deaf?   She reported to the police officer that she was
backing up her car and I hit her vehicle.  I reported to the police officer that
she backed up her car and hit my vehicle.  Now what?

Answer
Hi Jayne,

You are absolutely right in two ways:
#1 she is at fault
#2 fight assignment of at-fault designation

As for #1.  The rules of the road apply to the parking lot, so THE BURDEN IS ON THE CAR THAT IS MOVING TO MAKE SURE SHE DOES NOT MOVE UNTIL IT IS SAFE.  This is true even if you never honked.  It is NOT your duty to alert her.  She cannot back up her car even one foot without making sure that the way is clear.  She failed in this duty and hence she is fully at fault.  Write that to the insurance company.

#2. Your state insurance commissioner http://www.settlementcentral.com/links.php  has established the threshold a company must comply with in order to designate an accident as "at fault". Fight your company on this designation.

Did you ever think that it serves ONLY the interests of the insurance company to designate BOTH as at-fault?   Both can then have their rates raised!

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.settlementcentral.com