Expert: Bennie719 - 7/20/2009

Question
My Husband was backing out of our driveway and hit my neighbors drivers door.  My neighbor was driving the wrong way around a cul de sac and was on the wrong side of the road.  We are trying to decide whether or not to get insurance involved.  Who is likely to be charged, my husband who was backing out or my neighbor who was traveling on the wrong side of the road?  Thanks"

Answer
Hi Linda,
Since it is possible for each driver to share a portion of fault,
every state has a contributory negligence law.  It is the responsibility of both insurance companies to investigate the accident and assign and agree upon a percentage of fault to be
assigned to each driver ranging from 0% to 100%.

After this decision is made then the claim is handled under the
laws that apply in your particular Jurisdiction.  There are four
different laws used by the 50 states and the District of Columbia.

Four states and DC use the pure contributory negligence law, meaning
that if a party is even 1% at fault they have NO right of recovery.

Thirteen states use the pure comparative fault law that allows each party to recover based on their degree of negligence, meaning that
a party deemed 20% at fault can recover 80% of his damages from the
other party and that party who was deemed 80% at fault can recover
20% of his damages from the other drivers company.

Twelve states use the modified comparative fault 50% bar law, meaning a damaged party CANNOT recover if he is 50% or more at fault, but the
party deemed 49% or less at fault can recover, although his
recovery is limited by his degree of fault.

Twenty-One states follow the 51% percent bar law, under which
the damaged party CANNOT recover of he is 51% or more at fault,
but the person who is 50% or less at fault can recover, again
the recovery would be limited by his degree of fault.

Since your husband was backing out of a driveway into a cul-de-sac
that could have had parked or moving vehicles, the burden was on
him to be sure he had a clear and safe backing area when starting
and while making his maneuvers.

Under normal situations, your husband would be found 100% at
fault.  Based on your statement that the neighbor was driving
around the cul de sac in the wrong direction and in the wrong lane,
which can be ascertained by the location of the damages on each vehicle, I don't think that your husbands company will be willing to
accept 100% liability.  In my opinion, this will be settled as
90% fault against your husband and 10% at fault against your neighbor.

If you would sent me a follow-up with the name of your state, I
can explain which settlement law applies.

I hope that you find this information useful.  Your feedback by
rating my response will be appreciated.

Bennie
San Francisco Bay Area