The insurance follows the VEHICLE not the driver. The coverage that is on the vehicle will apply. IF the damage is under the deductible...this may want to be paid out of pocket. Who should take responsibility...well, that can be argued, but usually a friend dhould offer to pay the damages as they did the damage. YOU caused the damage, YOU are responsible to pay to fix it, out of your OWN poocket. It is called being a "ADULT" and taking responsibility for your own actions.
Think about this your are backing up, and your neighbors little boy is playing in your yard, and he isn't supposed to be in your yard and you hit him, (a) did you see him? can you hit him because he is not supposed to be there? We are responsible to know what is behind us and be aware of where our car is going. Two wrongs do not make it right. I think you are responsible for hitting a car that is behind you when your are backing up.
O.K. The vehicle that is backing out is backing out from private property. The vehicle that is pulling away should have the right of way. You see when a vehicle is trying to enter a Highway via driveway, parking lot, ect. he is ASKING for the right of way and he is responsible for yielding. Hope this helps. Thanks CMAC, 8 year SC State Trooper
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!!!!!!!
Fault here would likely be shared. On the one hand, the driver backing really has no legal right to the lane they are backing into - you cannot cut someone off while you are backing up. But it seems you have described a situation in which the individual backing was well into the backing process when someone came along, from quite a distance, and hit them. Hence the driver in the lane already probably had the last clear chance to avoid the accident but chose not to and would hence bear the majority of the fault.
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