Question: As my husband backed up in a parking lot, another car did as well. Both cars have damage on the rear bumpers, no dents, really nothing more than just paint scrapes. Is this, a 50/50 situation or would my husband be responsible for all of the repairs?
Answer: The smart decision would be for both drivers to fix their own paint scrapes and not involve insurance at all. Insurance is meant to protect you from big losses, and a paint scrape is not a big loss. Numerous small claims can be as bad for your car insurance rates as one big one.
But if you've decided to use your insurance, there are two options. One is for each driver to fix his own car through collision coverage, if they have it. Each would owe his own deductible, but there would be no complications involving fault. And fault can get very, very complicated.
It sounds as if there may be some disagreement about fault, though. When backing up, you are to take due care, and it appears both drivers didn’t. Thus each is negligent to some degree.
If each driver is adamant that the other driver is at fault, then they each can put a claim through the other party's property damage liability coverage and then each driver’s insurer will then determine fault, and if the claim will be accepted.
If you live in a comparative negligence state, liability can be divided up according to the percentage each driver is to blame for the incident. There are various types of comparative negligence.
Pure comparative negligence states allow that each driver will receive compensation only for the percentage he is not at-fault. Thus, your husband could make a claim, but if he is 60 percent at fault, the other driver's insurer will pay for only 40 percent of the damage.
Some states have modified comparative negligence laws that have a threshold of 50 or 51 percent.
In a comparative negligence state with a 50% rule, you husband could recover from the other party only if he is found 49% or less at fault. So neither driver would receive compensation from the other’s insurance company if the accident is found to be 50/50.
In a comparative negligence state with a 51% rule, your husband and the other driver could claim against each other as long as each is found 50% or less at fault for the damages.
There also are contributory negligence states. Here, you are unable to recover from the other party’s insurer if you are found any part (even just 1%) to blame in the incident. So neither driver in your situation could make a claim.