Who is at fault in this traffic accident?

I was following a car in the San Francisco DMV. The driver made a turn but suddenly stopped. I tried to go around him, but he then started to back up to try and get a parking spot. The road is one way and wide enough for two cars. I honked, but the next thing I knew he backed up into the side of my car. The damages are minimal. If he had checked his mirrors then he should have stopped and waited for me to pass, right? If that was not the case then he did not check his mirrors at all or look behind him? We gathered each others' information, but he still blames me. If it is my fault I'm willing to take responsibility, but i just want to make sure. So, who's wrong and right in this situation.
Additional Details
What should I do next? Should I fill out a traffic report? Would it be too late to get one?

mule

The fact that you were trying to go around him, plus the fact that he hit the SIDE of your car, that tells me your car was moving also. Another fact is you were following him. The driver (of the car following) is charged with maintaining a safe distance and sufficient control in order to avoid accidents of this type. I would say 75-80% your fault, 20-25% his fault.

Edit:
Too late for a traffic report - Now it's in the hands of the two insurance companies to settle it, etc.

Edit #2:
Sure, you can still file a traffic report, but it won't really help you. He'll still stick to his side of the story and say you pulled out into his path. It would be totally different if your vehicle was not moving and the damage was to the front bumper of your car and not on the side.

Edit: Next Step is: If not already done so, notify your insurance company. They will assign a case number, conduct their own investigation thru phone interviews, etc., and settle the matter. You will be hearing from them. It usually takes a while though.

Good luck, mule

David L

A horn is no excuse for not paying attention. If you are behind a vehicle it is your responsibility to pay attention.

Jillot

If you stopped after you saw him reversing and were stationary when he hit you then I'd say it was his fault. If you were still moving forward, then I would say you were both at fault as he should have seen you and you should have stopped as soon as he started to reverse. If you were stopped when he hit and stopped when you sounded your horn, then I would say he was at fault.

crashbangthud

He hit you, it's his fault.

Twat

If you had stopped and he reversed into you surely it's his fault.

gapsusie

his fault

BMWSGOD

I need more information you didn't say if you stopped or not. The way its looks to me is you ran right into him. Your suppost to be in control of your car at all times and have a safe clear driving distance at all times. IF you were stopped then its his fault.

ANY time you have an accident and one does not clearly admit fault you call the police to decide who was at fault if anyone was thru a ticket. Naturally the person who gets the ticket has the right to contest. But in the end its usually the policeman's decision that gets help up in court.

RussiAndrey

him because he was going backwards, call the cops and they will resolve it, and noone will get a ticket because noone did anything wrong but its his fault cuz he was going abckwards

craze189

If he backed into you, it's his fault. If you hit him in the back, it's your fault.

Hope this helps.

just some guy

your both at fault but he more at fault than you. if it goes to the insurance company. i'd bet his insurance will fix your car and yours will fix his car. should called the police and got an accident report.

piccolor44

You're both wrong. He's wrong because he didn't check to see behind him. You're wrong because you were impatient and tried to pass him. You should have recognized the weird behavior. But I would blame him because he's the one backing up and should have done it safely. If you have a case, then you better not take the blame. You have to settle in court.

jerry a

His fault he did an illegal operation in a one way lane & you were trying to avoid it if you get the ticket you take it straight to court.

UCANTCME

His fault and yes you need to file a report, its not to late as long as you have all of his correct information........

Cindy B

The other driver was at fault for not looking behind him when he was backing up. You were in the right

shraezy

its his fault ! but you should hav horned loud n long enough to make him realize that you are behind . .

Benji

GEORGE BUSH!! THAT'S WHO!!!

Jake H

my slot machine gos faster when you hold it down

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