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.
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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.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
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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.
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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