Car hit my gate, who’s at fault?

We have a gate that doesn’t stay latched well and we use a bungee cord to keep it in place. This gate is for our driveway that opens into an alleyway that is the access for the townhouses on my block and the one behind us. My gate was apparently not latched and the wind blew it while my neighbor was driving his car through the alley and so he was not able to avoid hitting it. My gate is now non-functional and bent and his car is pretty badly damaged.

Am I at fault for not having it secured? Is he at fault for driving into it? I’m not going to bother with a claim on my homeowners insurance for a gate but I’m worried that my insurance will have to cover the damage to his car and I think my deductible is pretty high.

I didn’t actually witness what happened, this is what my neighbor said happened and we did file a police report.

Thanks!