Traffic accident - who is at fault?

[wadea]

MS Paint needed.

[Dan.]

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MS Paint needed.

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[xCptMorganx]

I am the one backing down the road, he is backing out of the driveway.

[Dan.]

Drink it off. Both pay own damages assuming roughly equal damage. Move on with life.

[dlk9s]

Wow, OP is dumb on a couple of levels.

[FocusedOne]

Starting to regret admitting fault and agreeing to pay all costs, huh?

I'm pretty sure the agreement to pay costs isn't admissible in court but the admission of guilt would be as a party opponent... not that this should ever go to court. Talk to the man about splitting it up.

[jaffa]

I think it's slightly more his fault than your's as you were already on the road and it's up the person turning onto the road to be observant and choose a safe time to move. (that doesn't mean that you shouldn't be observant though), but the fact that you knew he would be turning onto the road kinda negates this. So you probably should've split the costs.

[xCptMorganx]

Ya I know, the whole thing was stupid...like I said we were drunk, and he's my roomate so I felt bad. At the time I wasn't even thinking that it might be his fault as well, all I could think about was that I [censored] up by not seeing him in my mirror. Its definitely something we should be able to workout without going to court. But the thing is he doesn't have the cash to pay up front, so he might have to get his insurance to cover it, which would mean police report, etc. etc...

[Dranoel]

In most accidents if you are going in reverse it is your fault. Since both you were backing up- it looks like you both need to fix your own vehicles.

YMMV