Accident While Backing Out of Parking

My question involves a traffic accident in the State of: California

I read through the threads that when backing out of a parking spot that it can 50/50 in fault. My situation is that I did just back out of a spot and going slightly forward when I was hit. I was hit in the rear passenger side quarter panel, all damage is totally on the side of the car. The other car hit me straight on with the back of their bumper backing out. Pictures show a streak across my car where we scraped since I went forward and a picture shows his bumper with my paint scrap across it, about 2 feet wide in the middle of the bumper.

Another note, the other person semi-admitted fault, to the point that they did not take my insurance info at all but I was able to get his. He is an older gentlemen and I just want my car fixed, so he asked for a estimate which I did the same day and gave him 7 days to pay.

If this does go to insurance, what are people's thoughts, since this was a parking lot accident, would it be easier to let it go. Should I just report this immediately to insurance or give him a chance to pay? I do have pictures of him next to his car and both of us next to our cars, so it's not like he can deny he was there or it didn't happen etc, like a previous post.

Thank You.

Sounds to me like you are 100% at fault .. sorry, just the way I see it

The insurance companies will decide percentage of fault.

for me it is hard to assign fault because I do not understand how the accident took place. You say you had just backed out and had just started to move forward. You were then apparently hit by a car which I understand was also backing out of a parking space. Where, in relation to your parking space, was this other person parked and exiting from? Had he started to move prior to you moving forward?

We were parked in a V like formation, my car slanted and his car slanted so we'd be shaped like a V with the lane in the middle. I kinda feel it was his fault because he hit my rear quarter panel, while I hit his middle back bumper. I was already out of the lane and shifted into D, to move forward, I think he hit me as I was pulling forward into the driving lane to leave, hence the streak of paint on his bumper.

Who was the car on the left?

If you're standing looking at the V from where the lines intersect. I was the left car and he was the right car.

so, how do you prove you didn't back into his car? He could just as easily argue he was backing up and you backed up into his car. It would be difficult to prove otherwise with evidence. It comes down to who argues what.

It would be streaks in the paint from moving forward and the fact that he gave me his insurance info but didn't take mine, guilty people give their insurance info only.

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Quoting moolman

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It would be streaks in the paint from moving forward and the fact that he gave me his insurance info but didn't take mine, guilty people give their insurance info only.

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Streaks of paint mean nothing. Neither does him giving you his insurance info. When your insurance company or you contact his, they will negotiate with them. That is why part of why you have insurance, it is an overall service.

him giving his info means nothing as far as fault. He might have even said he thought he was at fault and it still wouldn't make him at fault. Fault will be determined by the court if it should get that far. It is typical that insurance info is exchanged, both ways, regardless of whom is at fault.

you can also make streaks in the paint if your car is moving backwards. Depending on the damage, it can be such that it is impossible to determine who was moving and which direction.