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Is anyone liable for damages of the other persons vehicle?

Round Lake, IL |

The two vehicles reversed into each other coming out of driveways. Damages were between 501 and 1000. Police officer said both drivers were at fault. One driver was uninsured. No tickets were issued besides for no insurance. Thanks in advance for any feedback.

Attorney Answers 7

Posted

It really depends upon the details of how the incident occurred.

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Posted

Whoever was "at fault" is liable for the other person's damages. You may seek reimbursement from his insurance, and he may do the same through your insurance. Also, you and/or he may be covered under your/his own collision insurance coverage, if applicable. Good luck.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

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Posted

Classic case of "he said; she said."

In other words, there is no way to determine that one car was completely at fault. A trial would likely result in a 50/50 split.

Both drivers have duties to be aware when backing up for other vehicles, kids, pets, and the like. Since both vehicles collided, it will be nearly impossible to say who was more at fault.

The best option if you were the one with insurance is to report this to your carrier ASAP and they will pay for both cars, and sue for subrogation to the extent that the other car may have been partially liable.

If you were the uninsured driver, shame on you for not being insured, as it is the law in Illinois. Assuming you were uninsured, you should probably tell the other driver to get two estimates for damage, and pay the lower one, insisting they sign a release so that you won't get sued later for personal injuries or other damages.

Either way, you are fortunate the damages were minor and you should be able to get this taken care of easily.

Good luck.

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL
773-944-9737
Email: stephen@hofflawyer.com
Website: www.hofflawyer.com
Blog: www.hofflawyer.com/blog/

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

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Posted

No.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

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Posted

Normally if no one was found at fault or fault could not be determined then each person would be responsible for taking care of their own damages. If either of the driver's has comprehensive coverage on their auto policy it should take care of the damages to that parties vehicle. Best of luck to you.

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Posted

Fault is always a question for the jury or judge in a small claims or non-jury auto accident case. In most cases where two parties are reversing onto the street and a car accident occurs, the first party entering the roadway has the right of way. Is there any way to prove who was further out into the road at the time of impact?

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Posted

Simply report it to your insurance company to resolve.

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