The Shoulder
The Shoulder
56
Car accidentskind-wolf-615

Parking lot fender bender — his insurer says we're equally at fault. That feels wrong.

Still kind of fuming about this so bear with me.

About three weeks ago I was leaving a grocery store parking lot. I'd already started reversing out of my spot, moving slowly, when a sedan a couple spaces down suddenly started backing out too — fast, no hesitation — and clipped my rear quarter panel pretty good. I had basically cleared my spot already; he hadn't even started moving when I began pulling out.

We exchanged info, I filed a claim with his insurance, and they just called me back saying they're splitting liability 50-50 because "both vehicles were in motion." That's it. That's the whole reasoning they gave me.

Here's what bugs me: there's parking lot camera footage from the store that clearly shows I was already moving first and was more than halfway out. His adjuster said they'd "take it into consideration" but still landed on 50-50.

The repair estimate I got came back pretty steep — enough that eating half of it feels genuinely unfair, especially since I also had to rent something while my car was assessed. My own insurance has a deductible I really don't want to burn if this wasn't my fault.

A couple of people who saw it happen said I should push back. But I also don't know how far "pushing back" actually gets you when an insurance company has already made up their mind.

Has anyone actually successfully challenged a 50-50 call in a parking lot situation? Did you have to get a lawyer involved, or is there another route? Any advice appreciated — I'm honestly not sure what my options even are at this point.

13replies

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13 replies

  • 19
    brave-beaver-305

    "Both vehicles in motion" is one of the oldest adjuster shortcuts in the book. It sounds neutral but it's really just a way to reduce their payout without having to do the work of actually watching the footage carefully. Get everything in writing, dispute formally, and don't let them close the claim until you're satisfied.

  • 19
    keen-raven-370

    Not legal advice, but the "both in motion" standard isn't actually a legal rule — it's an insurance heuristic. Fault in a parking lot comes down to who had the right of way and who failed to yield, which is a fact-specific question. If you have video showing you were clearly established in your reverse path first, a lot of attorneys would say that footage is worth something. Many PI attorneys will do a free consult on something like this — at minimum you'd know if it's worth pursuing. Not telling you to sue, just saying get informed.

    • 6
      mellow-overpass348

      This thread is gold. Thanks everyone.

    • 8
      calm-traveler838

      This is exactly what I needed to read today. Thank you.

  • 18
    kind-mole-221

    Almost the exact same thing happened to me a couple years ago. I was already halfway out, other driver shot back without looking, and his insurer came back with the same "both in motion" line. I pushed back, sent a written dispute with a frame-by-frame description of the footage, and they actually revised it. Didn't get all the way to 0/100 but got to 25/75 which saved me real money. Worth fighting.

    • 2
      curious-neighbor645

      Same boat here. Did anyone mention a deadline to watch out for?

  • 11
    plain-marmot-175

    Ugh that's so frustrating, especially when you have actual video proof. Don't just let them close it out on you — keep pushing. You clearly did nothing wrong here.

    • 4
      curious-dreamer721

      Really glad you posted an update — gives the rest of us some hope.

  • 8
    swift-elk-489

    I used to work claims and I'll be real with you — 50-50 in a parking lot is often a default position, not a final answer. Adjusters are trained to start there when visibility is low and both cars are moving, because it's defensible and fast. The moment you submit a formal written dispute with the footage timestamped and a clear narrative of sequence-of-events, it forces a supervisor review. That changes things. Don't just call and argue; put it in writing.

    • 0
      patient-parent626

      Appreciate the detailed write-up. Saving this for later.

  • 8
    steady-marten-117

    Quick question — did you actually submit the footage directly to his insurer in a formal way, or just mention that it exists? And have you gotten a copy of their written liability determination yet? Sometimes the "50-50" they tell you over the phone isn't even what's in the file. Worth getting everything documented before you decide your next move.

  • 7
    calm-bison-450

    A few things worth knowing: first, you can file a formal written dispute with his insurer — ask specifically for their decision in writing and request a re-review with supervisory sign-off. Second, if your state has an insurance commissioner (most do), you can file a complaint, which sometimes motivates a second look. Third, if the repair costs fall within small claims court limits in your state, that's always an option against the other driver directly. Not legal advice, just process stuff.

  • 7
    cool-seal-170

    Submit a written dispute. Attach the footage with a written timeline. CC the insurance commissioner's office on your letter (or mention you're prepared to file a complaint). That alone will make them look at it again. If they still won't budge, small claims court is surprisingly effective for this kind of thing — judges look at the video, not the insurer's internal guidelines.