Auto Collision in Private Parking Area

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legapolie

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I was parked at a Walmart parking lot, proceeded to my car, started the ignition, put my car in reverse and looked back prior to pressing the accelerator. I did notice a white trailblazer on the other side, but the vehicle was not moving, so I proceeded to press my accelerator and back out slowly. While backing out, I was looking both left and right for other possible vehicles, and when I looked straight back again, there comes the white trailblazer, so I took my foot off of the accelerator, and I attempted to place my hand on the horn while watching her, but I could not feel the horn with my head watching her, so in a split second, I turned my head and attempted to place my car in drive instead of reverse to pull up so she would not hit me, but in the process of changing my car from reverse to drive, it was too late, she hit me. Now, the other driver is alleging that she did not see me and she was in fact backing out. What I don't understand is, how can she not see my green van. My van is just as tall as her white trailblazer. My insurance has informed me that I have to pay my deductible. Why should I have to pay anything, she hit me. The insurance is also alleging that I have to pay because it was a public parking lot and we hit each other. I keep telling them, we did not hit each other, she hit me.

What grounds do I have here? I know if her insurance doesn't cover it, my option is to sue her. What other options do I have if I have to pay a deductible?
 
I know if her insurance doesn't cover it, my option is to sue her. What other options do I have if I have to pay a deductible?

None. You can file in small claims for your deductible.
 
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