Remember you have no right of way when reversing against traffic, therefore if you hit someone going backwards its technically your fault.
Its up to you (your insurance) to prove he was being negligent or dwdaca to claim as non fault.
This is why your best outcome from this point is a 50/50 knock for knock as it will be difficult to prove otherwise.
With the odds stacked in his favour I would expect a whiplash claim in the post over the next few weeks, unless he has something to hide or is a genuine sort of chap and will settle with private fix and shake on it.
Even if you settle out of court so to speak you will be liable or can claim for personal injury for I believe 5 years (someone correct me) which is part of the reason you are asked this at time of policy application....
With scams being at the level they are these days (encouraged by no win no fee) it is best to get the old bill on site asap if you smell something fishy (make sure you are legit, ie cat bypass etc etc**).
A post accident report is just an A4 piece of toilet paper, you will have the fuzz on site if you report alcohol on the breath over the phone.
"He was erratic when he got out of the car and smelt of alcohol"
Worst case, you both pass a breathalyser** but get an accurate report of the scene as it happened (and a pissed off plod with a big report to write).
Best case he gets rumbled.
Even if the police and insurance think it is a scam (as in my case) proving it is a different story, so you may still end up with a claim against you but with dramatically reduced costs as speed conditions and immediate damage and injury will be assessed by the police and not affected by a post crash hammer.
Scams are made more effective because we treat minor accidents as run of the mill and just report what
we see, which is generally what the scammers have planned.
It bad enough that the insurance and solicitors exploit claims for non existent injury just because its a legal sure cash win.
Insurance laws breed recidivists like a pond breeds scum.
It is always best to go through the insurance as this will protect you to some extent, although we have all been tempted at least to do otherwise.
I hope and believe this is a genuine accident which will not get to overblown, there are still some decent folk out there but it always pays to be suspicious
