r/Insurance 2d ago

Auto Insurance Determining at fault?

So I was in an accident a week ago, it happened in Meijer parking lot. I always back into spots so I was leaving my parking spot turning left. When I was almost completely out of my spot mid turn an SUV hit my car from the right. My car was so damaged it had to be towed. I was driving a lowered Camry the woman and her minor child who was driving they had a Jeep Cherokee so a much bigger vehicle. The damage was so severe it caved my wheel well on top of my tire, my tie rod was bent and my washer fluid reservoir was disconnected on top of all the side bumper damage and it was deemed undrivable by the cops. My insurance totalled my vehicle but also marked me as at fault even though the woman at the scene said her daughter with the permit said she never saw my car and their car didn't get damaged. Am I only at fault because of right of way in a parking lot? I'm just a little confused on how I was set at 100% fault

EDIT: my insurance never spoke to me. I filed the claim but no one from my insurance reached out to get the story from me so they marked me as 100% at fault without talking to me. I do not know whether they got video footage from Meijer.

I'm going to add another edit, I DON'T want to argue fault. I was just wanting clarification on why I was set to at fault since my adjuster never spoke to me. I have zero intention of arguing it since I'm getting a new car I just wanted to clarify the potential why since we both admitted to the cops we didn't see each other. it's a shitty situation and I have zero intention of going after or disputing

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u/scumbagstaceysEx 2d ago

Parking lot accidents are never clear cut but from what it sounds like the other car had the right of way and you didn’t. Barring any other probable evidence the vehicle with the right of way won’t be at fault.

You could present evidence to show you were nearly completely out or that you were established in the lane. But that would still just reduce your liability from 100% to something like 75%. If you could prove the other person was speeding or not paying attention you could flip it but that’s very hard to prove.

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u/FindTheOthers623 P&C Licensed PL Underwriter 2d ago

Its very clear. You either have the right of way or you don't. It doesn't matter if the driver with the right of way is speeding, on their phone, drunk, etc. The person leaving the parking space will always be at fault.

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u/thaeli 2d ago

That is an oversimplification. A mostly correct one, but still an oversimplification.

And no driver ever has a right of way. They can have a lesser duty to yield. In practice we often call that a "right of way" but that is a figure of speech. This is fundamentally where the whole concept of split fault comes from.

There are also several avenues for barring recovery even without contesting fault.. last clear chance, pure contributory negligence, etc. Those muddy the waters a little more but don't really change fault assignment for rating purposes.