Expert: Anne - 12/18/2009

Question
A relative's vehicle was parked the wrong way (opposite traffic) curbside and blocking 1/4th of my driveway entrance. I pulled my vehicle out from the driveway and made slight contact with the right-front bumper of his vehicle and scratched off some paint. Paint from my vehicle's left-rear bumper was also scratched. Though I was driving, his vehicle was parked in an illegal direction, and was blocking the driveway. How would I be able to determine the ratio of fault?
He will not work things out and threatens to take it to the insurance companies. Is this a good idea for him? Should I initiate a claim myself? I would rather just let it be, since I see us both at fault. How would the insurance companies see it?  

Answer
Hello Travis,


Well, it's hard to give you a determination on fault with what you state. As you mention, fault has different factors that might affect it, and thus it is a "ratio".

Each party might be 50% at fault or they can even be 90 to 10% at fault. To learn how fault is determine, please see: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

Taking it to the insurance company will lead to an investigation and it will likely mean that both drivers share some kind of responsibility.

Sometimes letting the insurance company handle it will take care of the problems with the other side.

I hope this helps

Good Luck,
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