Someone backed into my car at an intersection. Should their insurance be legally required to pay 100%?

An auto accident involving a driver who is backing up is very difficult to determine fault. You indicate that you were stopped, but if the other driver told his insurance company that you may have struck him by moving forward, makes the incident difficult to determine fault.You can submit the claim to your insurance company, if the damage is over your deductible. They will pay for your damage and will then go against the other insurance company for reimburement of the damages. If they are successful you will get your deductible back. However, there is no guarantee of them being successful since the other company is taking their insured’s word for the cause of the accident. However, since he admitted he was backing up, your insurance company may be successful.If your damage is below the deductible you can try to file a claim in small claims court against the driver. If you succeed, then his insurance company will have to pay you for the damages awarded by the court.