Parking lot fender bender — his insurer says we're equally at fault. That feels wrong.

Almost the exact same thing happened to me a couple years ago. I was already halfway out, other driver shot back without looking, and his insurer came back with the same "both in motion" line. I pushed back, sent a written dispute with a frame-by-frame description of the footage, and they actually revised it. Didn't get all the way to 0/100 but got to 25/75 which saved me real money. Worth fighting.

I used to work claims and I'll be real with you — 50-50 in a parking lot is often a default position, not a final answer. Adjusters are trained to start there when visibility is low and both cars are moving, because it's defensible and fast. The moment you submit a formal written dispute with the footage timestamped and a clear narrative of sequence-of-events, it forces a supervisor review. That changes things. Don't just call and argue; put it in writing.

"Both vehicles in motion" is one of the oldest adjuster shortcuts in the book. It sounds neutral but it's really just a way to reduce their payout without having to do the work of actually watching the footage carefully. Get everything in writing, dispute formally, and don't let them close the claim until you're satisfied.

A few things worth knowing: first, you can file a formal written dispute with his insurer — ask specifically for their decision in writing and request a re-review with supervisory sign-off. Second, if your state has an insurance commissioner (most do), you can file a complaint, which sometimes motivates a second look. Third, if the repair costs fall within small claims court limits in your state, that's always an option against the other driver directly. Not legal advice, just process stuff.

Not legal advice, but the "both in motion" standard isn't actually a legal rule — it's an insurance heuristic. Fault in a parking lot comes down to who had the right of way and who failed to yield, which is a fact-specific question. If you have video showing you were clearly established in your reverse path first, a lot of attorneys would say that footage is worth something. Many PI attorneys will do a free consult on something like this — at minimum you'd know if it's worth pursuing. Not telling you to sue, just saying get informed.

Submit a written dispute. Attach the footage with a written timeline. CC the insurance commissioner's office on your letter (or mention you're prepared to file a complaint). That alone will make them look at it again. If they still won't budge, small claims court is surprisingly effective for this kind of thing — judges look at the video, not the insurer's internal guidelines.

Ugh that's so frustrating, especially when you have actual video proof. Don't just let them close it out on you — keep pushing. You clearly did nothing wrong here.

Quick question — did you actually submit the footage directly to his insurer in a formal way, or just mention that it exists? And have you gotten a copy of their written liability determination yet? Sometimes the "50-50" they tell you over the phone isn't even what's in the file. Worth getting everything documented before you decide your next move.