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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 27692
Experience:  Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
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My neighbor across the street has a driveway that that is catty

Customer Question

My neighbor across the street has a driveway that that is catty corner to mine. I looked both ways and behind me backing out of my driveway. I was already in the road when i heard and felt a bump, at first i thought i hit brushed against the curb until i saw my neighbor in my rear view mirror. My neighbor was only half way out of his driveway claiming i had backed into him. I only had minor paint scratches and transfer on my passenger side rear bumper. His car has a basketball size dent on his drivers side bumper. Who would be at fault?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today.
Because you were both backing up, you're both partially at fault. This is true even if you started backing up first, unless your neighbor hadn't even begun to back up until you were in the street (because in that case, it was impossible to avoid the accident). You're both expected to continue looking around while backing up and stop (or alert the other driver) if someone enters your path.
"Partially at fault" doesn't necessarily mean 50/50. Pictures of the damage can help establish where you were located when your neighbor hit you. It might also help to take pictures of the driveway to show where each of you were when the bump occurred.
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