The Shoulder
The Shoulder
70
warm-dove-479

Someone backed into me in a parking lot while I was pulling in — am I liable for anything??

So this happened yesterday and I'm still kind of rattled. I was pulling into an open spot at a busy shopping center — moving slowly, totally normal — when the SUV in the spot directly across from me suddenly reversed without warning and clipped my front quarter panel pretty hard. Both of us stopped immediately, got out, took photos, exchanged info. The other driver was apologetic and admitted they didn't check their mirrors.

Damage to my car looks worse than I expected once I got home in daylight — panel is crunched and the passenger door is stiff to open. Haven't gotten an estimate yet but it looks like real body shop money, not a quick buff-out.

Here's my situation: I only carry liability on my car (I know, I know). So if I file through my own insurance I'm basically getting nothing anyway, and I don't want a claim on my record if I don't have to.

My questions: 1. Since they backed into me while I was the one moving forward into a clearly open space, is fault pretty obviously on them? 2. Can I just go straight to their insurance and file a third-party claim without touching my own policy at all? 3. Should I be worried they'll flip the story once they talk to their adjuster?

The other driver said they'd cooperate but I've heard that changes fast once insurers get involved. Anyone been through something like this? I just want my car fixed without my rates going up for something that wasn't my fault.

11replies

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11 replies

  • 15
    calm-otter-693

    Almost exact same thing happened to me in a grocery store lot last spring. The other driver was super friendly at the scene and then suddenly their story got 'fuzzy' once their insurance called them. I'd say document EVERYTHING right now while it's fresh — written statement to yourself, all the photos organized with timestamps, even a quick voice memo walking through what happened. Saved me when things got complicated.

    • 19
      genuine-heron-592

      Don't trust 'cooperative' until the check clears. Seriously. I've seen the nicest people at the scene completely change their tune once they realize their rates might go up. Their insurer is not your friend either — they'll lowball the repair estimate, push you toward a preferred shop that works cheap, and drag it out hoping you settle fast. Get your own estimate from a shop YOU trust.

    • 1
      calm-wanderer678

      Going through something similar right now. Did following up actually move the needle for you?

  • 13
    careful-stoat-596

    Yes, you can absolutely file directly with their insurance as a third-party claimant — you are not required to go through your own carrier first. That said, here's the insider reality: their adjuster's job is to protect their policyholder. They will look for any reason to assign even a small percentage of fault to you, because in some states that reduces what they owe. A vehicle reversing into a forward-moving car is almost always majority fault on the reversing driver, but 'almost always' isn't 'guaranteed.' Get the police report if one was filed, and if there's any lot camera footage, ask the property manager for it NOW — those systems often overwrite within days.

  • 19
    clear-stoat-677

    To directly answer your questions: fault is typically on the reversing driver in this scenario — they have a duty to ensure the path is clear before backing up. Third-party claims are standard and won't affect your own policy. The risk is if they dispute fault and their insurer denies or reduces the claim, you'd have to either fight it or go through your own carrier with a collision claim and then subrogate. Not legal advice, just how the process usually flows. Documenting the other driver's on-scene admission in your notes is worth doing.

  • 5
    steady-newt-393

    Did you get checked out? I know you didn't mention injuries but whiplash and soft tissue stuff can sneak up on you 24-48 hours later when the adrenaline wears off. If you start feeling neck stiffness, headaches, shoulder tightness — please see a doctor and make sure it's tied to the incident date in your records. Just looking out for you beyond the car stuff.

  • 18
    calm-wolf-681

    File with their insurance today, not tomorrow. Call and open the claim, get a claim number, and get your car into a shop for a written estimate. The longer you wait, the harder it gets to prove the connection. You're not doing anything aggressive — you're just doing what insurance literally exists for.

    • 15
      quiet-hare-304

      The fact that they cooperated on-scene and you have photos puts you in a much better position than a lot of people in hit-and-run or denial situations. This is annoying and stressful but honestly pretty workable. File the third-party claim, follow through, and you'll likely get this sorted.

    • 4
      kind-dreamer611

      Solid advice. Getting it in writing is the part most people skip.

  • 16
    genuine-swan-131

    Was there a police report filed? That detail matters a lot here. Without one, it's essentially your word vs. theirs if they decide to change their story. Also — any chance there were witnesses around? Even someone who saw it but didn't stop might come forward if you post in a local neighborhood group or something.

    • 2
      patient-wanderer750

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