Assuming you're talking about a parking lot situation, generally there is no way to establish fault in such an incident. Unless you're a fan of the old "Brady Bunch" TV series. A 50/50 fault, where each driver pays their OWN repair costs.
Generally, the person backing out is at fault. If you are both backing out you're probably both at fault and will probably share the cost of repair, with each repairing their own. yes because you were backing out and they hit your car its their fault!!!!!!! yes because you were backing out and they hit your car its their fault!!!!!!!
I live on the south side of the street she lives on the north. Our driveways are even with each other. When we bumped into each other my driveside bumper and her front passanger door were dented. Who is more at fault. She was running late for work and did not want too call the police and now she is saying I hit her and it is my fault. Initailly she stated the same as me that neither of us were paying attention to behind us only too oncoming traffic.
It sounds like the other vehicle was at fault for improper backing, but each state is different and some are no-fault states. Still, if you were in the roadway or parking lot ailse, then you are considered to have right of way. It is incumbent on the other vehicle to make sure the path is clear before backing into traffic.
If a parked car is hit my a moving car, the moving car is obviously at fault. If a moving car is hit by a car backing out of a space, the second car is at fault for failure to yeild, as the first car had right of way. If two cars are backing out and hit each other, it may be hard to determine who's at fault, as both driver's vision may have been compromised.
Fault can be assigned to one driver, or to both equally, or to both in percentages, depending on the circumstances and the degree to which each driver contributed to the accident. The court will consider prejudicial factors such as whether laws were broken and who could have best avoided the accident. Where a driver broke a traffic law, such as backing all the way across a traffic lane, fault would likely be assigned him. But another principle is that anyone who could have acted, but failed to, to avoid the accident, even if in the right as far as traffic regulations are concerned, will be considered fully or at least substantially at fault.
Most times it is a 50/50 fault situation. It can vary depending on who was more out of their sapce and/or where someone was hit. IE if one car was nearly out in the aisle and the other car backed into the side of them, the second car might be found more at fault. But the default not knowing the details is 50/50.
Both partys are at fault and each party will need to file there vehicle under there own insurance. Parking lot accidents are always share fault unless one of the vehicle was parked, but since both vehicles were backing out at the same time, both partys are at fault unless you get a kind person to admit it was there fault.
sometimes misunderstandings get between the beautiful and pure relationship of husband and wife. sometimes it is the wife's fault and sometimes it is the husband's fault. sometimes it is both of their fault and sometimes it is none of them's fault. it is just we have to understand the fact that who is at fault and who is not. we have to know why this situation raised. if we really love each other then sort out the problem by talking to each other and we have to make each other understand calmly.
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