I couldn't find a more appropriate place to post this, so hopefully
someone here can shed some light on my situation. Last Wednesday I was
involved in an accident, though it was in no way my fault. I had just
pulled into a Target parking lot and was not even 20 feet into the lot
when a car coming out of the parking lot to the side of the building,
came straight out and slammed right into my drivers side, T-boning me.
The road that I was driving on when I was hit was a road that went
directly in front of the whole strip center, and you could turn right
and go into the actual parking lanes or continue straight and go past
the shops in the strip center. Basically, a travel lane with stores on
my left and a parking lot to my right. The car that hit me came from a
parking lot to my left that was right beside Target. The main parking
lot was in front of the store but there was also a sort of overflow lot
on the other side, beside the building. This is where she came from,
apparently trying to exit the overflow lot and cross over the travel
road and go straight into the other parking lot.

So the lady T-boned me and we exchanged information and she never
admitted fault, though it was clear to me whose fault it was. The
police never came because it was considered private property.  I went
home and called both her insurance company and mine to file a claim.
Both my insurance company and her company tried to reach her to get her
side but were unsuccessul until yesterday (Monday).  Today when I
called to get the status, I was told by her insurance company that they
had reached her and still had not determined liability because, of
course, her story varied somewhat from mine and according to them, "in
a parking lot there is no right of way". She did not have a stop sign
and I did not have a stop sign. But isn't that common sense that if
someone is travelling through the main road in front of the stores and
someone is exiting a parking lot connected to that road, the person
exiting the lot would yield to the person on the main road?? Her
insurance company also told me that usually in parking lot situations
there is some sort of comparative negligence which would make us both
partially at fault. They said they are now trying to look at speed. I
don't see how that would even be the case or apply here! My drivers
side is entirely smashed in and the hood of her car is dented and has
some scuffs on it. I was not speeding, I had just entered the parking
lot. And even if I was, what does it matter? She still T-boned my car
plain as day. My car is left undriveable as I am unable to get into
either door on the drivers side. I have been unable to get a rental car
because I do not want to file a claim with my insurance company until
liability is established and her company of course won't pay for one
until that is established as well. And I am not about to fork out the
deductible on my policy for fear that I will never see it again.

If anyone can offer any advice or explain to me why they are telling me
the things that they are, I would very much appreciate it. It is so
frustrating to know that you are in the right and innocent in a
situation and may get screwed in the end. Thanks for any help.