A gentleman in SUV backed into my car and totalled it in a parking lot, private property - no witnesses - how can I prove he hit me. I called the police, took all the pictures, provided HIS insurance company with the information. His insuarance company won't pay, as their damage experts cannot tell who's fault it. If I take this case to Small Claims, I have to PROVE it, how can I? Any help is appreciated.

I wouldn't think THEIR Insurance company could tell. I bet yours could.

My insurance company won't get involved, as I did not have collision and the other gentleman didn't file a claim against me.

They never have a problem cashing your checks, seems they ALWAYS have a problem doing their job?
Maybe small Claims is the way. Keep your photos.

Sounds like you'll have to sue him in court; does the police report outline who was at fault?

Did the other driver make a statement to the police ?

But you sue them, which court will depend on the value of the car.

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Originally Posted by fairystar29

A gentleman in SUV backed into my car and totalled it in a parking lot, private property - no witnesses - how can I prove he hit me. I called the police, took all the pictures, provided HIS insurance company with the information. His insuarance company won't pay, as their damage experts cannot tell who's fault it. If I take this case to Small Claims, I have to PROVE it, how can I? Any help is appreciated.

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How do you know he backed into your car? Did he locate you and say so? Were you both backing out?

I investigate accidents. I need more info. What were the circumstances of the accident?

And, yes, if go to Small Claims you DO have a burden of proof; I can see this coming down to 50/50, depending on the circumstances.

Your vehicle was totalled? Where did he hit you?