They say I'm 100% at fault for a parking lot backup — but I was already halfway out??
Okay so I need to vent and also genuinely need some perspective here.
I was pulling out of a parking spot at my apartment complex last week. The spot next to me on the left had this massive lifted pickup parked in it — nose out — so I literally could not see anything coming from that side. I crept out super slowly because I knew I was basically blind.
I was already a solid chunk of the way out into the driving lane when another car came through and hit me. And here's the thing — they didn't hit my rear bumper. They hit me more toward the middle/front of my driver's side. Like... I was out there. I wasn't just poking my nose past the line.
Now the other driver's insurance is telling me I'm 100% at fault because I was "the backing vehicle." Full stop, end of story apparently.
But that doesn't feel right to me? If I was already established in the lane enough that they hit me on the side — not the back — doesn't that suggest they had time to see me and slow down? And if that big truck was blocking MY view, wasn't it also blocking THEIR view of me? Shouldn't they have been creeping through a known blind-spot area too?
I live in a state that uses comparative fault rules, so it's not necessarily all-or-nothing.
I've been taking photos, saving everything, and I drew out a little diagram of where all the vehicles were. I just don't know how hard to push back on the adjuster or whether this is even worth fighting.
Has anyone successfully pushed back on a "100% backing fault" ruling when the point of impact was clearly on the side of your car? What actually moved the needle for you?