keen-badger-8288h ago

Guy backed into me in a parking lot and won't admit fault — am I stuck paying my deductible?

I'm still fuming about this and need some outside perspective.

Was grabbing lunch at a strip mall last week during my break. I was already stopped in the parking lot lane when this older guy in a big SUV just kept reversing out of his spot — slowly but steadily — right into my front quarter panel. I laid on my horn, I waved, nothing. He just... kept coming until there was a crunch.

When I got out he was super confused and kept saying things like "I didn't see you" and "well we were both moving" — except I wasn't moving, I had stopped completely. He never flat-out said it was his fault, but he didn't really deny it either. I recorded a little of the conversation on my phone (just audio) where I'm describing what happened and he's kind of going along with it but not clearly admitting anything.

I've already filed with my own insurance and they opened a claim, but now I'm stressed about my deductible. I don't want to eat that cost when this wasn't my fault at all.

Here's what I have so far:

Photos of both vehicles and the damage
The audio clip of our conversation
His insurance info

What I'm wondering: 1. Should I file a police report even though it's been a few days? 2. Is it worth hunting down security camera footage from the businesses nearby? 3. Has anyone actually won a he-said/she-said parking lot dispute with their insurance?

I feel like the "both cars were moving" assumption is going to screw me even though I had fully stopped. Any advice or experience with this would mean a lot right now.

9 replies

Most helpful first

bright-crow-9168h ago
Almost the exact same thing happened to me a couple years ago. Parking lot, older driver, reversed right into me while I was stopped. The thing that saved me was a camera on the outside of a nearby pharmacy — my adjuster actually went and requested the footage once I told them it existed. I'd walk that lot and look for any cameras pointing toward where you were parked. Even a blurry angle can support your version of events.
- quick-mole-1058h ago
  Former auto claims adjuster here. Parking lot accidents get defaulted to comparative fault a lot because it's easier to split liability than investigate thoroughly. But a few things actually do move the needle: that audio recording is more useful than you might think, especially if he says anything that implies he didn't check before reversing. Also, the point of impact on your car tells a story — damage to your front suggests he hit you while you were facing forward and stationary, which contradicts a "both backing up" narrative. Make sure your adjuster notes that.
sharp-swan-1308h ago
Don't count on your own insurance company to fight hard for you here. Their goal is to close the claim fast, and "shared fault" in a parking lot is an easy out for them. Push back if they try to assign you any percentage of fault — you have every right to dispute that. And absolutely file against HIS insurance directly, not just yours.
bright-beaver-4058h ago
On the police report question — yes, go file one even now. Most jurisdictions allow a delayed report for non-injury property damage, and having an official record establishes that this incident happened and that you reported it. It also sometimes prompts the other driver's insurer to take the claim more seriously. Bring your photos and mention the audio recording when you talk to the officer.
clever-owl-5888h ago
Go get that security footage TODAY. Businesses typically overwrite camera footage on a rolling cycle — sometimes as short as two weeks. Call or walk into every store with a view of that lot and ask nicely. If they say no, ask if they'd hold the footage pending a records request. You'd be surprised how many people just say yes when you explain there was an accident.
hearty-tern-2488h ago
Just want to check — are you doing okay physically? Sometimes the adrenaline of dealing with insurance stuff masks soreness or stiffness that shows up a day or two later. If anything feels off in your neck or back, please get it documented by a doctor sooner rather than later. Not trying to alarm you, just seen people brush off symptoms and regret it.
humble-heron-7948h ago
Not legal advice, but the audio recording you have could be genuinely helpful depending on what's in it. Statements made at the scene — even vague or ambiguous ones — can be used to establish the other driver's awareness of what happened. If the liability dispute drags on or his insurer denies the claim outright, a free consult with a PI attorney costs you nothing and might clarify your options. Most won't charge unless they recover something.
silent-tern-9338h ago
I don't want to be harsh but I'm curious — were you fully stopped when contact happened, or had you been moving at any point right before? Insurance adjusters will ask this and if there's any ambiguity in your own account it can complicate things. Just want to make sure your story is airtight before you go too hard on the other driver.
mellow-tern-1968h ago
The fact that you have audio at all puts you ahead of most people in this situation. A lot of folks walk away with nothing but damage photos and a handshake. That recording — even if it's not a clear confession — shows you were composed enough to document things on the spot. That kind of evidence has a way of making insurers less willing to play hardball.