The Shoulder
The Shoulder
60
tidy-sparrow-775

Other driver hit me head-on in a parking lot and now her story is totally different than what happened

So this happened at a big outdoor shopping center — one of those lots with clearly marked two-way lanes wide enough for traffic both directions. I was moving straight through, completely in my lane, when I see this SUV drifting toward me from the opposite direction. I slowed down, tapped my horn, she kept coming. Crunch.

Now here's where it gets wild. Her story to her insurance company is that I was "cutting around a corner" and that we were both weaving around. My photos tell a completely different story — I'm clearly on the correct side, the nearest lane marking is way over on her side, and there's zero indication I was anywhere near the center of the lane.

She did admit to the responding officer that she was traveling straight through the lane. Her own admission kind of blows up her "he was cutting a corner" narrative, right?

I'm filing as a third-party claim against her policy so I'm dealing with her adjuster, not mine. No dashcam (I know, I know — ordering one tonight), no independent witnesses that I've found yet.

My question: in a two-way parking lot lane, if someone is documented on the wrong side of the road and admits they were moving straight at me, does that carry any real weight toward fault determination? Is there any standard rule or traffic law that addresses meeting oncoming traffic even in a private lot?

I'm not hurt badly — just some neck stiffness I'm keeping an eye on — but the car damage is significant. Feeling really frustrated that her adjuster is already acting like this is a 50/50 situation when the photos clearly show otherwise. Any experience with this kind of thing?

13replies

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13 replies

  • 18
    swift-stoat-533

    Her adjuster calling it 50/50 right out of the gate is a classic opening move. They do that to anchor you low before you even understand what your claim is worth. Don't accept any preliminary fault split without pushing back hard — especially when you have photo evidence showing you were in your lane.

    • 14
      mellow-marmot-515

      I used to work claims and honestly, when an adjuster says "50/50" in the first conversation, that's almost never a principled liability determination — it's a negotiating position. What actually matters in situations like this is physical evidence and any statements made at the scene. Her admission to the officer that she was traveling straight through the lane is genuinely useful. Make sure you get a copy of the police report if one was filed, and preserve every single photo you have with the original timestamps intact.

  • 10
    plain-tern-072

    Almost the exact same thing happened to me in a grocery store lot. Other driver crossed into my lane, I had photos, and her insurer still tried to split it. I ended up getting an attorney involved just to stop the runaround and it made a huge difference in how seriously they took the documentation. Hang in there.

    • 4
      thankful-co-pilot801

      Saving this whole thread. Really appreciate the honesty here.

    • 2
      patient-passenger604

      How long did it end up taking in your case?

  • 11
    steady-beaver-586

    A couple things worth knowing: traffic laws in most states do apply in private parking lots open to the public, including rules about keeping right when meeting oncoming vehicles. If your state has a statute like that, it can be cited directly in a demand letter to support a fault argument. Also, her own recorded statement admitting she was traveling straight is something her adjuster will have to account for — contradicting it later gets messy for them. Keep records of every conversation you have with the adjuster, including dates, times, and what was said.

    • 9
      weary-optimist640

      This is really helpful — thank you for posting it.

  • 12
    calm-mole-653

    Not legal advice, but I'll say this — the combination of photographic evidence placing you in your lane AND an admission from the other driver that she was traveling straight (meaning she wasn't avoiding you) is a pretty solid foundation for a liability argument. The 50/50 framing her adjuster is pushing doesn't hold up well against contemporaneous photo evidence. If the neck stiffness lingers, that also changes the picture significantly. Might be worth at least a free consult with a PI attorney before you accept anything.

  • 8
    swift-swan-428

    Please don't brush off the neck stiffness. I've seen people shake off what felt like minor soreness after a collision and then have it turn into something much harder to treat weeks later. Get checked out now so there's a medical record tied to the accident, even if it ends up being nothing. Documenting it early protects you.

  • 7
    careful-sparrow-395

    Stop talking to her adjuster more than you absolutely have to. Every word you say can be used to muddy the fault picture. Get your documentation organized — photos with timestamps, the police report, any text or written communication from the other driver — and let that speak for itself. If they keep pushing 50/50 against clear evidence, lawyer up.

  • 9
    kind-badger-150

    How wide is the lane actually? Like, is this a proper marked two-way lane with painted lines, or is it one of those ambiguous areas where it's genuinely unclear which side is "yours"? That detail matters a lot for how strong your photos actually are as evidence.

  • 14
    warm-otter-274

    Honestly the fact that you have timestamped photos from the scene puts you in a much better position than most people who post here. A lot of folks have nothing. You have documentation, you have her own admission, and you caught this before accepting anything. That's actually a solid starting point — don't let the adjuster's early posture discourage you.

    • 3
      quiet-driver457

      Thanks for sharing. Hope things are getting a little easier for you.