My mother was recently in an automobile accident. She was driving straight on a city street and the other vehicle was coming out of a private drive. My vehicle has damage to the front driver side bumper and fender. The other vehicle's damage is to the rear driver side fender near the tire. The police was not called and initially the other driver took responsibility for the accident. Now after talking to her husband and insurance agent they say my mother was at fault because of where the damage is located. My question is legally who's at fault the other driver or my mom?
Based on the fact pattern it appears the lady coming out of the private drive was the at fault driver. But there are not enough facts here in your question. Perhaps more explanation needs to be provided to the adjuster, as it appears they are looking only at the location of the damages.
I am only licensed in Arkansas. No part of this answer should be construed as creating an attorney client relationship.
Car / Auto Accident Lawyer
Fault is a question to be answered by the facts. Unfortunately there aren't enough facts here to make that determination. For instance, how fast was your mother going? Were there any traffic lights or stop signs? Etc. Generally, from what you've provided, the right of way would belong to your mother, but that is just a general assumption based on what you've provided.
If you're concerned about who pays for the damage, just give it to your insurance company and let the adjusters duke it out. That's why you have insurance. If your insurance pays for it and they think the other driver was at fault, they will subrogate (go after the other driver's insurance company to pay for the damage to your car).
Donivan Flowers is a licensed attorney in the State of Texas only. The answers provided in this forum are for informational purposes only and may not be used as legal advice. No attorney client relationship is reached with this lawyer by virtue of this website. To learn more about this lawyer, go to www.flowers-law.com