Who’s at fault? And why is my insurance doing 50/50 both parties negligence

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Mar 21, 2012

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Insurance Question from Atlanta Naval Air Station, GA

Asked on 03/21/2012

Who’s at fault? And why is my insurance doing 50/50 both parties negligence I was in a parking lot parked in a one way aisle as I was getting ready to back out I saw a car coming on my left side she passed my vehicle I then began to reverse I did look both ways before actually backing out my car she was 4-5 parking spaces up from me then all of a sudden she threw her car in reverse and began going backwards down a one way I started to honk my horn throw my car in drive to avoid hitting my car. I did call the police and he did state she was in the wrong. She has tried to file a claim with insurance and there telling me that this is going to b a 50/50 both parties negli

Answer given on March 22, 2012

Parking lot accidents are difficult to resolve since there are usually very few witnesses and both parties have their own version of the incident. You should report the accident to your insurance company and give them your statement as to what happened. The adjuster will investigate the claim, look at the damages of each car and try to determine fault. When you are backing out of a parking space, you are always held to a higher standard to be sure it is clear to make the move to come out. While it appears that you did this, the other person is going to give her version of the accident. However, the damages that are probably done to each car should support your claim. In spite of this, there could be a consideration of partial fault, although it may not be 50/50. Leave it up to your insurance company to try to settle this.

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