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Auto Insurance Claims/Parking lot accident

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Question
There were 3 cars between me and another car.  He was to the left.  I pulled out at an angle, and noticed he was also pulling out in front of me, so i stopped and waited for him to drive forward, to continue.  He kept backing up, and eventually drove right into my car.  He said he was on a speed bump, and he was trying to get over it backwards before he continued.  He claimed that he began to leave his parking spot before i did, and checked before he back up.  
In my opinion there was a good 4 or 5 seconds of him backing up when he should have seen me if he was looking, because i was stationary and right behind him.  He is also beginning to claim that he was already backing up when i began to pull out and it is equally our faults.  In my opinion i saw him backing out, so i stopped and waited and he drove into me..Who would be found responsible by law and have to pay for damages?

Answer
Hi Matt,
Parking lot accidents are among the hardest claims to handle because there are usually no witnesses or police report.

Each of you will make a report to your own insurance company and they are required to accept the statements as true unless proven otherwise.

Since neither of you are admitting guilt, the claim will be settled on a 50/50 basis.

I hope this information is of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area

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Bennie719

Expertise

I have extensive knowledge in Personal Auto, Homeowners Insurance and Personal Umbrella coverage. I am also thoroughly familiar with claims handeling procedures. Will answer questions related to the above.

Experience

Experience in the area: Served as an expert at askme.com from 7/2000 thru 10/2002 in the catagories of general insurance, auto and home insurance. Answered 422 questions before that site closed. Licensed in California since 1961, first in Life and Health for 2 + years and as a Property/Casualty Agent/Broker since 1964. I sold my business and took early retirement in 1998. Still maintain a valid California Property/Casualty Agent/Broker license. I have been a volunteer at allexperts.com since 2002. I can provide assistance in the following fields: Property and Casualty Insurance, Insurance Law, Auto Insurance Claims.

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