Yup. Both of you are at fault, and will most likely have to use your own insurance to repair your cars.
What is quaintly known in the UK as Knock for knock. Equal blame, equal responsibility.
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.
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!!!!!!!
Generally you are both equally at fault unless (1) it can be shown that one of the drivers did something that was negligent or (2) if it can be proven that one of the drivers had a clear opportunity to avoid the accident and chose not to.
Were you backing and they driving forward in the lane? If so more than likely you will be deemed the higher degree of fault. Vehicle that are reversing are required to use a higher degree of care. More details and I might be of greater assistance to you.
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.
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.
I would be interested to see how this plays out. I know my dad was backing out of a parking space slowly because he had two larger cars on either side of him and a driver was driving down the lane in the parking lot and rearended him. The other driver didnt stop for at least 20 feet so he was going pretty fast, but they still gave my dad the ticket for unsafe backing. But if both of you were backing out in a parking lot I dont know how that would play out. Did you guys call the cops? I suppose the cop could have given you both a ticket for unsafe backing??
That is usually a 50/50 situation, unless you have a witness. But I'll need more info.
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.