how do you determine fault in a parking lot fender bender?

[morrison2951]

We in the insurance claims biz do tend to place the "greater duty of care" with the party backing, but with a contributory negligence statute that's not to say that the other party didn't contribute at least 1% in some way (i.e.., speed, driver inattention, etc.) to be barred from recovery.

Let your insurance carrier's adjuster investigate and duke it out with the other carrier in arbitration if needed.

 

[GoDeacsGo]

Pure Contributory Negligence: If your actions played any part in causing the accident, you cannot collect damages, even if the other party was 99% responsible.
States following this rule: Maryland, Virginia, North Carolina, Alabama and the District of Columbia.

Sounds like you may want to split 50/50 vs trying to go through insurance.