I parked my car in a structured parking lot in a space just after entering the lot. It was a one way ramp and cars were to continue forward. When I was getting in my car to leave, I saw a silver SUV pass me and stop at the entrance to the next level of parking. I started my car, looked to the right and saw that two cars had entered the structure and stopped, waiting me to pull out so the first car could take the spot. I started to back up, and as I did, I looked to the left for pedestrians and saw that the SUV was backing up against the flow of incoming cars, presumably to take the space I was vacating. I stopped and honked, but he continued backing up. His car hit mine, rather scraped the rear bumper of my car with the side rear bumper of his.

His insurance company is saying we are both at fault because I "was reversing" and will only pay have of the repairs to my car. This is not acceptable to me. I had stopped and he was going the wrong way. I have a $500.00 deductible, which I don't have to lay out. What can I do? I was thinking of suing the other driver and his insurance company for the cost of repairs in small claims court. Can I do that?

What is your insurance company saying? Did you report to them all of the facts of the accident?

Did you call the police when this occurred? The officer should have recorded in his report who was at fault for the accident. Also, do you have the other 2 drivers as witnesses that your vehicle was stopped and that the other driver backed into you, not vice versa?

Of course in many states police are not required for accidents that do not happen on private property, In fact in some areas ( atlanta GA for one0 they will not even come out to a accident on private property unless there is an injury or in case of possible fight.

So often you are not going to get a police report on private property.

But if they are not going to pay for your repair, you have the right to sue them in court, actually you sue the driver and the owner of the car. He can notify his insurance company if he wants. If the insurance company is involved, expect them to have an attorney.

Of course in many states police are not required for accidents that do not happen on private property, In fact in some areas ( atlanta GA for one0 they will not even come out to a accident on private property unless there is an injury or incase of possible fight.

So often you are not going to get a police report on private property.

But if they are not going to pay for your repair, you have the right to sue them in court, actually you sue the driver and the owner of the car. He can notify his insurance company if he wants. If the insurance company is involved, expect them to have an attorney.


What Frchuck said - you can always sue the other driver and the other insurance company if you do not agree.

That being said - and I'm a liability investigator - the timing of the accident is a large factor in determining responsibility. The person backing up is expected to foresee any and all danger - agreed that someone backing up on a one way ramp is rather out of the ordinary. Apparently you DID see him, did have enough time to warn him (or her) and still got hit.

Do you know why the insurance company is finding you partially at fault? What did the witnesses say? Sounds like (with witnesses to the facts you have given) you have a very strong case.