Both are equally At Fault and you may both have to use your own insurance to pay the damage. If a police report was filed, then the police will determine the % of fault to each person. CORRECTION - Your INSURANCE COMPANY will determine the fault - not the police. Yes, it may be a 50/50 situation, unless one party admits 100% fault.
The person backing out of the driveway.
If you were fully in the lane, and he is backing from private property onto public property more than likely he will bare the majority of fault/liablilty.
I had a friend who got a ticket for backing out of a driveway. It was not in a neighborhood, it was on a 'regular' road. He didn't cause a wreck or anything, but a policeman was driving by and turned around and came back to give him a ticket. Told him it was illegal to back out into a road.
The backing car is at fault
both of you for not looking back
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!!!!!!!
Finding out the answer to these sorts of questions is what courts are for. The answer depends on the details, but from the brief description given, I'm inclined toward the position that it's probably your fault, or a mixture of fault, but with you being the one mostly in the wrong. People who are backing up are supposed to take extra caution.
What type of driveway? Was it a curving and could not see the car before rounding the curve? Is it straight; then why did you not see the car blocking the driveway before even getting into car and/or backing..
if you're reversing into your driveway and someone hits you its their fault. you were moving away and they wern't paying attention. Now if you went back into the street to straighten out and back back in then it might be your fault, but if you were reversing the whole way and never came back out of your driveway it would be theirs
it is ALWAYS the fault of the backing driver. They bear the responsibility to make sure they can back with safety.
It is not rare to be in this particular situation. Really, you are not at fault, but you still shouldn't get angry at the other vechicle's driver.Another View: Not enough information is given in the question. If the other car was stopped and waiting for you to back out and YOU ran into THEM, YOU are at fault.If both cars were in simultaneous motion (they were pulling in while you were backing out) BOTH parties are at fault. One for not yielding and the other for backing without caution.
It depends. Which bumper is still in your driveway, your front or rear? Did the other car leave the roadway and hit your car? After you came to a full stop did you then proceed to back out and then got hit? If any part of your car was in the roadway then it would most probably be your fault. Any vehicle that is entering into traffic from a driveway is required to yield the right of way to those vehicles traveling within the roadway. If you stuck 2 inches of your car into the road and you were hit, it would be your fault.
Should it ever get to court, most judges will assign split negligence to both drivers, although the pressumption is that the driver backing out of the driveway is supposed to be looking both ways up and down down the street.
In any situation in which a vehicle backing out of a property hits another vehicle, the driver who was backing up is always at fault, barring speeding, impairment, or disregarded traffic controls/signs on the part of the driver who was on the road. Added: I concur. The vehicle operating in reverse must always yield to any other vehicle. The charge I am familiar with is "Backing Without Caution."
If you're driving forward, you aren't backing out the car.
Car 1 is at fault - the driver should have checked that the road was clear before backing back and should have continued to check that the way was clear while reversing. Definitly car 1
Both of you are probably at fault. If you see another person backing you should stop and signal the other driver if possible. Otherwise stop and wait until that driver completes his backing maneuver.Added: It is the obligation of the backing driver to ascertain that his movement does not interfere with any other vehicles. In this instance, you both apparently failed to do so.
no, but that is a good idea. i drive truck and i prefer to back in so i can see when I'm pulling out.
Whoever is backing up is at fault. No matter what the circumstances. Watchout!! Even if you are involved in a collision with an unlicensed driver who is driving recklessly, if you are backing up it will still be YOUR FAULT ! The question will answer itself if you didn't try to force the wording so much: Don't you think who is at fault "...when you back into the side of some one...." seems pretty clear?
The two insurance companies are going to bicker back and forth about this. The speeding car certainly shares in the fault. The person backing out might, as well, if they were inattentive.
Go next door, politely introduce yourself and ask them if they would please not park there because it makes it hard for you to back out.=======================More thoughts . . . .Hopefully the chat with your neighbor has solved the problem, but here are some thoughts to considerIf you have an HOA (Homeowners Association), there might be some rules that apply.Find out if your municipality has a minimum distance to park from a driveway and determine if/how that is enforced.Backing into your driveway might be easier than backing out.
You are at fault. You are backing out of a space and you must yield the right of way to the other vehicles traveling in the aisle.
If you reverse your car and then collide with a parked car , the person who did the reversing is at fault.
Backing out of a parking spaceThe person backing up is at fault, they have a greater duty the fact that the person is driving on the wrong side makes no difference. the person shoudl of waited to back out. --yes but like all accidents like these, it is circumstantial; if person A is backing out, person B is flying by @ 20+ mph, person A checks everywhere & sees nothing and proceeds to back out. they are then hit by car A who is at fault for 'not able to control his/her vehicle'. if both are going proper speeds & it is just a bump, it is definitely A's fault, cuz B has the right of way
Backing up--it is your fault.