silent-hare-51818h ago

Other driver's insurance says I'm 30% at fault for a crash that was clearly not my fault??

I am so frustrated right now and just need to vent and maybe get some perspective from people who've been through something similar.

About three weeks ago I was driving through a shopping center parking lot — barely moving, maybe crawling at walking pace — when a truck shot out of a spot between two big SUVs and plowed straight into my driver's side rear door. I had zero warning. The driver literally didn't even look before reversing.

Here's the thing: there's a camera mounted on the corner of the building right there. I went in, explained what happened, and the store manager was super helpful. I have a copy of the footage on a USB drive. You can see frame by frame that I was already past the entrance to that row when the truck started moving. There's no world in which I could have avoided this.

But the other driver's insurance — after keeping me on hold for what felt like my entire life — came back and said I'm 30% at fault because I was supposedly in a "shared-use traffic area." I don't even fully know what that means, but it sounds like something they just made up to cut their payout.

I escalated to a supervisor and basically got the same scripted response. My car has been in the shop for almost two weeks and I'm still stuck with a rental I wasn't sure I'd even be covered for.

Has anyone dealt with this kind of split-fault nonsense when you had video proof? What actually moves the needle here? Do I need a lawyer or is there another step I should try first?

9 replies

Most helpful first

clever-marmot-27518h ago
"Shared-use traffic area" is absolutely an adjuster talking point designed to muddy the water and reduce the payout. They use vague language like that specifically because most people don't push back. Don't accept it as gospel — it's a negotiating tactic, not a legal ruling.
- bold-badger-45018h ago
  A few practical things that can help: First, send everything — especially the video footage — via email so you have a paper trail. Second, file a complaint with your state's Department of Insurance if you feel the claim is being handled in bad faith; insurers really do not like regulatory attention. Third, check whether your own policy has collision coverage — sometimes going through your own insurer first (and letting them subrogate against the other driver's insurance) gets your car fixed faster while the fault dispute gets sorted out separately.
gentle-kestrel-47118h ago
I used to work on the claims side and I'll be real with you: when an adjuster assigns comparative fault in a parking lot scenario, it's often a starting position, not a final verdict. They count on the claimant getting tired and accepting the reduced offer. The fact that you have video is huge — most people don't. Make sure you've submitted that footage formally in writing (email, not just a phone call) so it's in the claim file. If it gets ignored after that, you have documented proof they disregarded clear evidence.
- kind-hare-10418h ago
  Almost exactly this happened to me in a grocery store lot a couple years ago. Different details but same vibe — I had a witness, the other driver was clearly reversing without looking, and the insurance still tried to split fault. I ended up talking to a PI attorney just for a free consult and honestly it changed everything. The adjuster's tone shifted pretty quickly once they knew I had representation. Might be worth at least making that call.
quiet-tern-22218h ago
Not legal advice, but parking lot fault disputes with video evidence are actually pretty common territory for personal injury attorneys. Most offer free consultations and work on contingency, so there's no upfront cost to at least hear what your options are. The video you have is genuinely valuable — don't let them bury it in a file somewhere.
sharp-vole-24618h ago
Are you doing okay physically? A lot of people brush off soreness after a low-speed collision and then realize weeks later there's something going on with their neck or back. If you haven't been checked out yet, please go — even urgent care. And if you have any symptoms at all, make sure that's documented in your claim. The stress of all this insurance back-and-forth is real too, don't forget to take care of yourself through this.
swift-marmot-03118h ago
Stop calling. Put everything in writing from here on out. Email the adjuster, CC the supervisor, attach the video file or a link to it, and state clearly that you dispute the 30% fault assignment and that the footage contradicts it. Give them a deadline — say 10 business days — to respond with a revised determination. Paper trails matter. If they still stonewall you, talk to a lawyer.
silent-mole-69018h ago
Quick question — when you submitted the video, did you send it directly to the adjuster or just mention that it exists? There's a big difference. And did you get the police report? Sometimes the way fault is described (or not described) on the report affects how the adjuster frames things. Just want to make sure all your evidence is actually in front of the right people before assuming bad faith.
tidy-bison-93118h ago
The fact that you have that footage puts you in a WAY stronger position than most people in this situation. Seriously, most parking lot disputes come down to he-said-she-said and insurers know it. You have actual video. That's not nothing — that's probably your whole case right there once the right people see it.