What happens when both parties deny fault

I was involved in a minor fender bender in a parking lot. The person in front of me started backing and didn't see me and bumped into me.

Minor damage to my vehicle and no real visible damage to theirs. They admitted fault at the scene and gave me their ins. info etc. No police were called. I couldn't find my info so I just gave my name and number. I called her insurance and filed the claim giving my report.

Now the other party has given their statement claiming that I hit her and that she was not backing at the time. Is there any way to prove this? Or will my own insurance have to cover the costs? Is just my word against hers? I did not have any passengers with me, she had several passengers.


Answer:

Hello,

I am sorry to hear about your accident. Parking lot accidents can be very complicated just for the reasons you outlined – it could become a word v. word situation (which it did), and if there is no independent evidence, then fault could only be assess by arbitration. Her passengers are not independent, so there is a big possibility that their statements will not be taken into account.

Please see our information about arbitration here:
http://www.auto-insurance-claim-advice.com/arbitration.html

You might be able to show it is not your fault, depending on the point of impact of your car and theirs. Also, you might be able to get a surveillance video (many parking lots do nowadays).

Good Luck,
http://www.auto-insurance-claim-advice.com