How is fault in a car accident determined?

The police report usually determines the fault. Was there a police report?  did the police come to the scene and ask questions?  Did the police make a report that found fault one way or another?  If not then the court hearing this, based on your story, will find that you are both equally at fault.  Therefore, you will both have to pay for the damages out of your own pockets or refer the claim to your respective insurance companies to have the cars fixed.  Unless you have a real basis to hold the other person at fault, you should not go through insurance as your rates will increase dramatically.  I suggest trying to pay on your own if the damages are not too great.  if the damages are bad, file a claim against the other driver's insurance company and then file a lawsuit in court  to try to force the other driver to pay.  It will be a he said she said case, but you may be able to win something, even if it is a proportion of the damages.