Parking lot accident...How can it possibly be 50/50?

[adjusterjack]

I'm thinking about contacting the mall operator to see if I can obtain video (if any exists).

Stop thinking and start doing. Those videos typically get over-written in a few days.

Otherwise doesn't the physical damage prove, regardless of what their story is, that I entered the parking space first and was then struck by them?

There's no doubt that you make a good point and witnesses and/or video could support that. But being right isn't going to change the claim rep's offer. Only "evidence" will, or a court judgment.

 

[djs]

A few things:

50/50 means you were not at fault. Most of the time, you will not be surcharged unless you are 51% at fault. Realize most parking lot accidents are mutual fault so it is sort of the default judgement to rule them 50/50.

State Farm (and a few others) are notorious for saying their driver was not at fault even when common sense, pictures and everything else says they were. This is especially true if you only have liability coverage. If you file the claim with your insurance company, they frequently change the determination knowing insurance companies will push back, not just on this claim, but with others as well.

Filing a lawsuit by itself will usually get you a pretty quick resolution. Apparently it is rare for insurance companies to win in court on small stuff so they just pay out instead, if it is reasonable. Assuming the total damage is probably under $3K, once someone stops and takes a look at everything, if it is as you say, they will just pay the claim. Be prepared for it to go to court though, they don't always roll over.

Make sure you claim enough to cover things like loss of use (rental car) while your car is being repaired.

Good luck. File the lawsuit.