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.
The backing car is at fault
both of you for not looking back
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..
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!!!!!!!
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.
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.
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.
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