Auto Insurance Claims: parking lot car accident, parking lot accident, timely response

Question
QUESTION: I was involved in a parking lot accident where my car was heading toward the exit when the other party in a large SUV backed into my passenger front door.  The police where not called to file a report and their were no witnesses.  I contacted my insurance company.  The other party never contacted theirs.  My insurance contacted the other insurance finding no claim was filled and closed the claim placing me at 50% at fault.  After asking questions to my insurance company they changed my at fault to 0% and because I had liability only told me to contact the other party's insurance and handle it on my own.  I contacted the other party's insurance and they got a claim started.  They told me after talking to their insured they would be calling me back.  They called me back to inform me the other party said they had already pulled out 3/4ths of the way out before I was hit and were closing the claim.  What can I do now?

ANSWER: Hi Kimberlee,

Unfortunately, the only thing you can do in this situation is to file a law suit against the other driver. If you are able to convince the judge that you were not at fault, you will receive a judgement. Then you can pursue the at fault persons insurance company for payment.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: Thank you for your timely response.  I had another question.  What evidence could I provide to back my story if I had no police report and no witnesses?  Since I had damage done to my front passenger door and she struck me with her rear bumper, would that be evidence enough?

Answer
Hi Kimberlee,

It's hard to say what a judge will consider as sufficient evidence. Any pictures you have of the damage to both vehicles would be helpful. The fact that you were hit in the door is an idication that you were behind the other car when it backed up. If the other car had backed out first you would have hit him instead of the other way around. Just be hohest and tell your story. At that point you can only hope for the best.

I hope this helps
Richard Hixenbaugh