Who is at fault? What will my ins co do? Accident happened in a private driveway. Police in Mississippi do not determine fault.

Question Details: Driver A was parked behind a friend in the grass on the right side of a private driveway. Driver A backed up into the driveway and proceeded to pull car forward to the top of the driveway to park. Driver B started backing out turning the opposite direction to turn around and drive straight out of the driveway. Both cars were in motion and Driver B backing up hit the back passenger fender of Drive A who was driving straight. Driver A's Car going straight could not do anything to stop the accident. Also B was on her cellphone at the time and the driveway was very dark.

Asked 10/11/2009 under Auto Accidents | 361 View(s) | More Legal Topics

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Auto Accidents Law Answers

Your insurance company will take statements from both drivers and any witnesses and look at the damage to the vehicles.  They will try to determine fault.  If it appears that both drivers were at fault, they will apportion fault the way they see fit.  If you have collision coverage, they will pay for your damages and try to recoup the percentage of the money respresenting the other party's percentage of fault.  The other party's insurance will likely do the same.

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