Parking Lot Accident

[ariel7]

I had just turned into a parking lot and was driving on the main aisle heading southbound. The other driver, who was traveling westbound on a small thoroughfare in the lot, collided into me. I had noticed that the other driver was talking on his cell phone at the time of the accident and he made no attempt to brake. He claimed that a truck, which was parked on the thoroughfare facing northbound, was blocking his view so he didn't see me. Both the other driver and I have the same insurance company. I know it was completely the other driver's fault, but his adjustor is siding with him and my adjustor is siding with me. The other party is saying it will be hard to prove that the driver was on his cell phone and even if he was, it doesn't mean that he wasn't paying attention to the road. They feel that since the intersection did not have controls on either side, it is not their fault. The other driver had a pedestrian crosswalk on his side and I was on the main traffic aisle. The other party offered me 50%/50%, but I do not want to accept. The estimated damage to my car is $1100. Would it be wise to tell them to accept 75% liability and I will accept 25% so that it won't go against my driving record? If they do not accept the 75%/25%, do I have a strong case to take them to small claims court?

 

[lwpat]

I don't understand the comment about your driving record. Were you issued a ticket?

$1100 is not a lot of money for repairs. It depends on how much you will be expected to pay out of pocket and how much time you want to spend. You have a good chance of winning in small claims and that is what I would do since I have a high deductible.

If you file it is likely that they will pay rather than hiring an attorney to represent the other driver.

This will probably have little effect on your insurance premiums if that is what you meant so taking their offer may be your best option.