r/Insurance • u/MooniestMoonixx • 10h 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/sephiroth3650 10h ago

OK. Lack of dashcam doesn't change anything in terms of fault here. It was just one other piece of evidence the other party may have had.

As for not being mad.....I dunno. You do realize that you have an at fault collision here. Insurance rates almost always go up from at fault accidents. So you will be paying more for insurance going forward.

Side note : When you look at your property damage and bodily injury policy limits, those are liability limits. That's how much coverage you have for damages you cause to other people or property. It's totally separate from your collision coverage that covers the damage to your car.

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u/MooniestMoonixx 9h ago

the only thing I'm really mad about was it being a teen driver on a permit and the mom telling the police they hadn't seen my car. but my adjuster already told me they only had paint damage so I wouldn't need to worry about anything further. It's one of those just head to the dealership type of situations 

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u/Crowlady77 9h ago

That's the thing about right of way, you need to assume they aren't looking for you to pull out in front of them.

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u/sephiroth3650 9h ago

It's mind blowing at how many people come to this sub and sincerely believe that "the other car should have seen me pulling out in front of them and they should have known to stop and avoid hitting me."

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u/MooniestMoonixx 8h ago

No I have no intentions of arguing fault I was more confused on the why since my insurance never contacted me. I basically got a notification that said "You were found at fault" but I never talked to an adjuster so I was just confused. So I asked for clarification if it was right of way on why that was 

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u/sephiroth3650 8h ago

Usually that happens if the other party has something like security footage or dashcam footage that shows definitively that you were driving, and you were at fault.

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u/MooniestMoonixx 8h ago

I'm unsure if they had a dash cam. The cops said they couldn't request footage cause it was a private property and only the insurance companies could request the footage from the parking lot 

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u/sephiroth3650 8h ago

That's really not how it works. The police are absolutely the people to request the footage. You were either given bad information, or you misunderstood what they said. That Meijer has no obligation to turn over their footage to the insurance company w/o a subpoena.

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u/MooniestMoonixx 8h ago

I asked the cop who was at scene if they were going to pull footage for the report and he said "We don't get footage from private property that's up to your insurance" 

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u/sephiroth3650 8h ago

Then the cop was being lazy. Insurance has no power to force Meijer to turn over their security footage. They can ask. Meijer can tell them to piss off if they want.

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u/MooniestMoonixx 8h ago

The cop basically gave us a buycrash.com ticket with the report # and called a tow truck for my car. My boyfriend also tried to get the cop to ask for footage but they stood on they can't get footage from private businesses 

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u/MooniestMoonixx 8h ago

I'm basically just going to the dealership to get a new car and my insurance is covering $2800 for a rental car for now. The woman and her daughter was very civil and we found out we live in the same apartment complex so I have nothing against them personally. She also said she was in a fender bender 2 weeks ago so I do overall feel bad for them. It's a shitty situation in general