if you get into a car accident that is both parties fault, who pays the damages?

Question

I got into a bad accident the other night. It was an uncontrolled intersection and neither of us stopped. I have a little ford escort. He had a 1990 rodeo that alreay didn't have a bumper. His car lost the hea light. My car is basically totalled. Who should have to pay for it, me or him? He hit me and i spun around. My entire passenger side needs to be replaced.
please help!!!

Neither had car insurance.

I was on the busier street, but both were small side streets.
Neither of us had insurance -I just got my car and he didn't have any on his.

Answer 1

I like these observant readers! Did she not say "neither had insurance"?
You're up sheeps creek without a paddle! Your going to pay out of your pocket and he'll pay out of his! Hopefully, you're both adult enough to avoid a fruitless lawsuit senario! Or then you'll both still pay for repairs and pay for attorneys!

Answer 2

Who was on the through way road? In other words, who was on the main road or larger, busier street.
When entering an uncontrolled intersection it is the obligation for drivers to be certain the roadway is clear. If two vehicles approach the intersection at the same time, the party to the left will have the right of way.
I am assuming neither party has collision insurance. Each of you can present a claim to the other's insurance company seeking that they pay for the damages to the vehicle.

Considering that the damage to his vehicle is the front headlight area, and your damage is to the entire passengers side, it would appear - appear - that you had control of the intersection and he is at fault for the damage. I say appear, because, the first question I asked was who was on the major roadway? IF he was, then he has the Right of Way, and you must give that to him, and if you didn't your claim will be denied.

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Edit added to comment on above poster regarding police report.

Police reports are used as a GUIDE only. They are NOT the judge and jury and in so many cases their perception of who is at fault is completely WRONG!

Don't rely on a police report, cops have a tendency to talk out of their hinnies, and people get all hostile when it turns out the cop was wrong yet again.

If you have a police reconstruction expert, that is a different story, though.

Answer 3

This is a situation that you will need to get your Police report ASAP.

If your in a no fault State I'm not sure how that works. But in a State like Texas the 1st place to start is the Police report, see who they put at fault or indicate was the most responsible party for the accident. File a claim against that person and notify your agent if you have one. But don't file a claim just yet unless the Police report puts you squarely at fault or the other driver does not have insurance. From that point let the Insurance carries work it out among themselves. If you need a rental car and have that coverage on your policy ask the advice of your agent.

You never said if anyone was hurt. I hope y'all are OK? Take care and good luck.

When I answered this question the additional comment about no insurance for either party was NOT included, this is new information.

My suggestion now would be for the both of you to go to your separate corners, lick your wounds and go on about your business. If neither of you are responsible enough to carry insurance then neither of you are responsible enough to pay for the damages to the other regardless of fault. I hate to sound rude but you both got what you deserved. Sorry.

Answer 4

It seems such as you probably did no longer replace lanes as you have been proceeding and hit automobiles forward on your lane as you have been looking over your suitable shoulder? basically, you have 2 techniques: pass inspite of the indisputable fact that your coverage and that they're going to pay their damages. If that's minor damages under $500, i do no longer think of it will impression your costs that plenty. dealing with coverage could guard you if those human beings come to a decision to take great thing approximately you by employing faking injuries or getting high priced estimates. using fact of this you carry criminal accountability coverage, why no longer use it? and you do no longer choose a police checklist to report a declare or for the different events to report a declare. in case you report a police checklist, you will in all probability get a value tag for failure to maintain administration for having the twist of destiny. Your 2d option is to pay those damages out of pocket as long that's sensible and be certain you have them sign a splash asserting you're performed and not longer liable for anymore than what you paid them.

Answer 5

That is left up to both insurance companies, but in a case of no ones fault each insurance will cover their car.