I backed into another car as he was backing up as well. Who is at fault?
(asked 137 months, 14 days ago in Haymarket, VA)
I was backing up in parking lot when I struck a car who was backing up at the same time. Technically, we were both at fault for the accident because we both did not see each other. Who has to pay for damages?
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It is often complicated when two cars are both equally at fault for an accident, because both parties may invent different versions of the same story. If you were backing up and another driver was also backing out of his or her parking spot, then chances are that you are both equally at fault for the crash that occurred. Yet you may claim that you saw the other car first and braked so that you would not hit him or her. The other driver may claim that the same occurrence happened on his or her end. If there were witnesses at the scene of the accident, this can help you to sort things out. If there were not any witnesses, then you may be at a loss.
An inspector can come and look at the damage on both cars to determine if one car physically damaged the other to a greater degree. For example, if your car has the indentations from the accident, and the other driver’s car has no damage save a few scratches, then it may be that they backed up into you. If the police cannot point to one person at fault, then you may be forced to pay for the damages on your car and the other driver will be responsible for his or her vehicle. To try and prove that another party is at fault for an accident, you will need convincing proof. For example, if the other driver was intoxicated and driving illegally under the influence, this could be a reason to claim that he or she was at fault. You will want to collaborate with your car accident attorney in order to find other evidences that you should not have to pay for your own car repairs after one of these complicated crashes.
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