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- Shared Responsibility Is Common: When both drivers are reversing, fault is often split because each owed a duty of care to avoid the collision.
- Comparative Negligence Rules Matter: Many states follow comparative negligence, allocating a percentage of fault to each driver. How much you can recover depends on your state’s specific threshold (e.g., 50% or 51% rule).
- State Laws Can Change Outcomes: Some states have contributory negligence laws where any fault by a driver can bar recovery from the other driver’s insurer. Others use variations of comparative fault.
- Insurance Companies Investigate Fault: If drivers disagree on who’s at fault, both insurers will investigate — reviewing evidence like police reports, photos, and witness statements — to assign liability.
- Documentation Helps Your Claim: To strengthen your claim, gather photos of the scene, witness contact info, police reports, and any video footage available. Early evidence can influence how fault is determined.
When two cars are reversing, determining fault is not automatic
When two vehicles collide while both are backing up, determining who is at fault is rarely straightforward. Unlike many common crashes, there is usually no clear right of way. Instead, insurance companies and, if necessary, courts look closely at what each driver was doing immediately before the collision.
In most cases, both drivers share responsibility because every driver has a duty to make sure it is safe before putting a vehicle in reverse. This makes reversing accidents especially likely to result in shared or split fault rather than a single at-fault driver.
Why backing up creates shared responsibility
Reversing is considered a higher-risk maneuver than driving forward. Drivers are expected to take extra care by checking mirrors, looking over their shoulder, and yielding to vehicles already in motion.
When both vehicles are reversing:
- Neither driver has a clear priority
- Visibility is often limited
- Both drivers are actively performing a risky maneuver
Because of this, insurers often conclude that both drivers failed to exercise reasonable care, even if one vehicle appeared to move first.
How insurance companies decide fault
When a reversing accident is reported, insurance adjusters investigate the circumstances to determine how responsibility should be divided. This process may include:
- Statements from both drivers
- Police reports, if one was filed
- Photos of vehicle damage and the scene
- Witness statements or video footage
Based on this information, insurers assign each driver a percentage of fault. A common outcome is a 50/50 split, but the percentages can change if one driver was clearly less attentive or violated traffic rules.
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How do comparative negligence laws come into play?
Most states use comparative negligence rules to handle accidents where more than one driver is at fault. Under these laws, each driver’s compensation is reduced by their share of responsibility.
For example, if you are found to be 40% at fault and the other driver is 60% at fault, you may only recover 60% of your damages from the other driver’s insurance.
Some states follow modified comparative negligence rules, which limit recovery if a driver’s fault reaches a certain threshold, commonly 50% or 51%.
What happens in contributory negligence states?
A small number of states still use contributory negligence laws. In these states, a driver who is even slightly at fault may be barred from recovering any damages from the other driver.
In a reversing‑into‑each‑other accident, this can mean that neither driver successfully recovers from the other’s insurer, and each must rely on their own collision coverage, if they have it.
Can you still file an insurance claim?
Yes. Even when fault is shared, drivers can still file claims. Depending on the fault determination and state law:
- One driver’s insurer may pay a portion of the damages
- Each insurer may cover its own policyholder’s losses
- Collision coverage may be used to repair your vehicle, subject to your deductible
If fault is disputed, insurers may negotiate or, in rare cases, the matter may go to arbitration or court.
What should you do after a reversing accident?
If you’re involved in a collision while backing up, taking the right steps can protect your claim:
- Take photos of vehicle positions and damage
- Exchange insurance and contact information
- Collect witness names and phone numbers
- Request a police report if there is disagreement
- Notify your insurer promptly
Clear documentation can make a meaningful difference when fault is being evaluated.
The bottom line
When both cars are reversing and collide, fault is rarely clear‑cut. Because both drivers have a duty to check their surroundings before backing up, responsibility is often shared. How much each driver pays depends on state negligence laws, insurance investigations, and the specific facts of the accident.
Frequently Asked Questions: Fault when cars are reversing
Can both drivers make an insurance claim against each other?
Yes. Each driver can file a claim with the other’s liability insurance, and insurers will investigate to determine fault percentages and whether claims are valid.
What is comparative negligence?
It’s a legal principle used in many states that apportions fault between parties. If you are partly responsible, your compensation is reduced by your percentage of fault.
How do police reports affect fault decisions?
Police reports provide important documentation and can influence how insurers assign fault, especially when statements and evidence are consistent.
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