If I had an accident with a guy who reversed his car into mine and is saying that it is my fault, who is to blame?

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If I had an accident with a guy who reversed his car into mine and is saying that it is my fault, who is to blame?

Who should pay?

Asked on April 14, 2019 under Accident Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

While every case is different and must be evaluated on its own unique facts, generally the one who reversed into you would be at fault and therefore liable for the damage (i.e. should pay). A driver is expected to make sure no one is behind him before backing up; a failure to do so is considered negligent or unreasonably careless. If he or his insurer will not voluntarily pay you, you could sue him (you sue him, not his insurer) with a reasonable chance of success.


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