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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?