Liability in case of accident in parking lot

Questioner

I was recently involved in a collision in a parking lot. At the time of the collision I was still driving on the road of the parking lot and I was not yet busy with the action of 'parking'. The other party drove out from behind a parking space and drove with his bumper into the side of my car (90 degree angle). Since the opponent and I were both in a parking lot, I filled in on the claim form that I was busy parking and I signed it. Now the opponent claims that we are both 50/50 liable, because we were both busy with the special maneuver 'parking', which was not the case. In my response to this (via my insurance) I stated that the other party is 100% responsible, because he was in the process of (reversing) parking and I was still driving on the road of the parking lot at the time of the collision. In my counterargument I provided photos that clearly show that my car was hit full in the side. I also provided a new situation sketch on a satellite photo that even shows that it is physically impossible that I was busy parking, because I had to make an extra turn before I could even park. In addition, the damage would have been completely different if I had been busy parking. The other party maintains their position and states that the claim form is binding because of the signature. In hindsight I should have filled out the form in more detail, but given the evidence I have provided I do not agree that the form is binding. I would like to provide a well-argued response to this, hence my questions: 1. Is a claim form always binding, despite evidence to the contrary? 2. What arguments can I use to prove my point, apart from the photos and new situation sketch? I look forward to hearing from you and if you require any further information, I can always provide it.

Lawyer

1. A claim form is not always binding. If you can provide counter-evidence, this can reduce the evidentiary value of the claim form. 2. There may be witnesses. Family members, children and partners may also act as witnesses! I have experience with traffic cases and sometimes a letter from a specialist to the insurer is enough to get the damage fully reimbursed.