I believe whomever caused the accident is At Fault, whether their car was damaged or not. * The evidence compiled in the accident investigation will determine the responsible party. To determine who is at fault in a vehicle accident investigators use a method referred to as "chain of causation" and begin the investigation with the vehicle that was last in motion. This does not necessarily mean that the driver of said vehicle is the one responsible for the accident. It is quite possible that the driver of the vehicle that was not damaged will be the one determined to be responsible for causing the accident.
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