[Future240]

Speaking as a claims agent for an insurance company if the facts of the accident are as you say then the other driver is at fault. However good luck proving that to another insurance company with now witnesses. If your brother has collision coverage on his policy then he should file through his coverages and have them subrogate (go after) the other insurance company.

If he doesn't carry the coverage he can attempt to file a claim with the other drives insurance but he should be prepared for them not to pay all if any of his damages.