We were exiting a parking lot and another driver backed from stall directly into the side of our Sequoia (rear pass. side door) Who is at fault?
Question Details: Several witnesses. Did not call police as other driver is a friend, we know them and assumed they would take responsibility. Both drivers are from Iowa, accident happened in Nebraska.
I don't practice in Iowa or Nebraska, but I doubt that it matters. The common sense of this situation is going to be recognized in court, if it comes to that, at least 999 times out of a thousand. Unless the other driver had started pulling out before you went behind his vehicle, there's no way that you could have avoided it, and the other driver was negligent -- especially hitting you in the rear door, as opposed to the front fender. He should have been watching where he was going, while backing out, and he should have seen your vehicle and stopped.
