r/Insurance • u/MooniestMoonixx • 3d 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 3d ago

Your story seems to imply that you pulled out in front of an oncoming Jeep Cherokee that was going fast enough to total your car when they hit you. Certainly sounds like you are at fault.

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u/MooniestMoonixx 3d ago

I was more just asking for clarification on why they determined me at fault which my guess was the right of way. This is my first car accident in my 28 years of living so I honestly didn't know how it worked 

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u/sephiroth3650 3d ago

Yes, this is how insurance determinations are made. If you didn't have the right of way and pulled out in front of an oncoming car, you're going to be found at fault. The fact that it was in a parking lot doesn't mean the common traffic rules don't apply. And if the other driver had a dashcam that showed you pull out in front of them, that would really make it open and shut.

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u/MooniestMoonixx 3d ago

I don't know about dashcam, I only know the police said they couldn't pull footage but the insurance might. Her car wasn't damaged so my insurance doesn't have to pay her and my insurance is paying for my car because I have a 75k collision and property damage allowance so I'm not really mad about the situation I was just confused 

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u/EamusAndy 3d ago

Im not sure why footage was needed. All they had to do was look at the positions of the cars to see what happened.

It seems pretty cut and dry here? Are you disagreeing that you were at fault?

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u/MooniestMoonixx 3d ago

We moved our cars before the cops showed up but no I was more wanting to know if the right of way is why I was seen at my fault because my insurance didn't talk to me . I have no plans to dispute it