Parking lot accident / fender bender in North Carolina - should we filed a claim?

My wife was in a parking lot in her Lexus RX300 SUV and started to back up. She stopped, established a position, and was about to go from reverse to drive when another SUV backed into her. She sustained a pretty big dent to her side in the back where the rear bumper is. The other driver had practically no damage... show more My wife was in a parking lot in her Lexus RX300 SUV and started to back up. She stopped, established a position, and was about to go from reverse to drive when another SUV backed into her. She sustained a pretty big dent to her side in the back where the rear bumper is. The other driver had practically no damage but a few scratches to the dead center of his rear bumper. If I had to guess, the damage might be between $1,000 and $1,500.

We have a $1,000 deductible with USAA. The cop said each person was responsible for his or her damage because the accident occurred in a parking lot in North Carolina.

Does anybody know the NC law regarding this? From the looks of it, he is more at fault than my wife, as indicated by the damage and pictures. If I file this with my insurance provider, will I have to pay the deductible? Don't the insurance companies determine who is at fault when it comes to insurance claims? Please help!
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