Car park accident

drone · 15-08-2008, 12:00 AM

Ok, tonight i was in an accident at a train station car park. It was pretty much full, and i'd just passed a parking bay that was empty. I stopped the car and decided to reverse so i could pull into it.

As i was reversing, another car pulled out from the parking bay and hit me on the right side. (Im the green car, her car is blue) Ive got a dent in me rear quarter and the scratch extends all the way to the door. The other car is damaged from the rear.

I want to know who's at fault if any one? What will the insurance company's do?

snappy · 15-08-2008, 12:06 AM

But the insurance company have a no fault cause i pretty sure you pay your excess and your insurance company's just fixes your car. An she will do the same.

But the blue car looks to be at fault.

T3-STROKER · 15-08-2008, 12:09 AM

I would say the blue car,did not look before reversing.

bodes-sh · 15-08-2008, 12:15 AM

Quote:

Originally Posted by T3-STROKER

I would say the blue car,did not look before reversing.

yeah, but the same could be said for the green car too... bit of a hard one to be honest, i'd have to say just pay your excess and move on...

**ebxr8240** · 15-08-2008, 12:19 AM

Aha right hand rule ??

gtxb67 · 15-08-2008, 12:28 AM

the blue car should not have had to look to their left if it was a one way road. it would depend on how far the green car had gone past before stopping to reverse

it could be a tricky one, but the blue car would not/should not have expected someone to be coming from the other way. i suppose technically it seems the green car has gone the wrong way down a one way street

gemibabe · 15-08-2008, 12:31 AM

insurance will cover you but if excess is more than the damage perhaps settle without the insurance companies?

Also aren't car parks private property? I remember reversing into a car that tried to duck past me as I was coming out.. he was nowhere to be seen when I checked, next minute I know I've collected this car... insurance didn't want to know.. no damage to the big solid tank LOL and they said its private property, so we are no obliged to fix the damage...?????????

snappy · 15-08-2008, 12:32 AM

the blue car is parked and entering the road you should look behind if your reversing.

T3-STROKER · 15-08-2008, 12:34 AM

Mmmmm bit of a tricky one allright.

prydey · 15-08-2008, 02:45 AM

both at fault. weigh the repair bill up against your excess and go from there. if its a similar cost just fix it with cash and keep no claim bonus.

FPV GT40 · 15-08-2008, 06:03 AM

Tricky, but green car traveling the wrong way, might not even have been possible for blue car to see green car.

Blue car should not be expected to avoid/look out for cars breaking road or traffic flow rules by traveling down a one way street/path the wrong way.

Seems like both drivers could possibly be at fault.

Rodp · 15-08-2008, 06:53 AM

If it is indeed a one way thoroughfare, you could probably make a case for either side as to who was the at fault driver.

The blue car's vision may have been impaired to notice a car travelling in the wrong direction from other cars obscuring their view. Had it been a 4x4 parked next to it, there would have been no chance to see the green car. It's a one way street, the green car should not have been travelling in the opposite direction (even if it was to reverse) and considered that other cars may have been reversing out, obscured from seeing the green car reverse.

However, regardless of whether it's a one way street, the blue car should look both ways and take care reversing - it could have been a pedestrian that walked into its path and not a car.

For mine, it's a trip down the cop shop to fill in an accident report form, a form at the insurance company and let them duke it out and decide - I'd also put a little aside to cover the excess, just in case.

Rodp · 15-08-2008, 06:56 AM

Quote:

Originally Posted by gtxb67

the blue car should not have had to look to their left if it was a one way road. it would depend on how far the green car had gone past before stopping to reverse

it could be a tricky one, but the blue car would not/should not have expected someone to be coming from the other way. i suppose technically it seems the green car has gone the wrong way down a one way street

You wouldn't consider that dangerous though?

There's not just cars in carparks. Pedestrians who are walking to their parked car aren't bound by one way street signs. I want to check all my surroundings before I reverse my car, not just assume that nothing is coming from a direction they shouldn't be.

deesun · 15-08-2008, 07:20 AM

I think its the blue car at fault as she is the one pulling out into the roadway area. Had you just been stopped there waiting for a carpark space she probably would have hit you anyway cos she wasn't looking. IMHO. As for the one way bit, again you may have come from the correct way and been stopped waiting ans she still would have hit you cos she didn't look.

gtxb67 · 15-08-2008, 08:14 AM

Quote:

Originally Posted by Rodp

You wouldn't consider that dangerous though?

There's not just cars in carparks. Pedestrians who are walking to their parked car aren't bound by one way street signs. I want to check all my surroundings before I reverse my car, not just assume that nothing is coming from a direction they shouldn't be.

of course, we should all look at every possible area, where there may be danger, but
if you were to drive through a green light and some one went through the red and hit you, should you be at fault
if you were crossing a one way street, and a vehicle came from the other way and hit you, should you be at fault

we should expect the unexpected, but sometimes it does not happen. we do need to put faith in other road users ability to obey the road rules

this situation is a tricky one, because i do not know exactly what has happened, and also because both parties could of and should of been expected to see the other before reversing

and my opinion is just a possible judgement from an insurance company or a police officer or judge if it came to that. just a different side to a story

gtxb67 · 15-08-2008, 08:19 AM

Quote:

Originally Posted by deesun

As for the one way bit, again you may have come from the correct way and been stopped waiting ans she still would have hit you cos she didn't look.

you may be very right that the other driver did not look, but going by the original post, the green car had driven at least one maybe two spots beyond where the blue car had parked. the driver may very well have looked to their left and should not have expected a vehicle to be coming from that direction. they then may have looked to their right and when that was clear and there was no pedestrians, they reversed out. suddenly a vehicle that maybe should not have been there is suddenly there

however, i am sure the insurance companies and police opinions are worth much more than mine

GTP 330KW · 15-08-2008, 08:25 AM

We have just gone through a similar situation. My son reversed out of our driveway into a car that was parked in a no parking zone. The other bloke's insurance company and our insurance company said we were 100% in the wrong. The reversing car has to be aware of what is behind him. It's a tricky one in your case seeing as you were both reversing. Good luck with it. (Don't expect her insurance company to be very easy to get along with though.)

sgt_doofey · 15-08-2008, 09:17 AM

Ring the police. They should be able to tell you who's at fault.

gtxb67 · 15-08-2008, 10:06 AM

Quote:

Originally Posted by GTP 330KW

We have just gone through a similar situation. My son reversed out of our driveway into a car that was parked in a no parking zone. The other bloke's insurance company and our insurance company said we were 100% in the wrong. The reversing car has to be aware of what is behind him. It's a tricky one in your case seeing as you were both reversing. Good luck with it. (Don't expect her insurance company to be very easy to get along with though.)

the main difference in this situation is that it seems the green car was not stationary. the blue car did not back into an object that was there. it seems that, an object that could not have been there if the law was abided to was suddenly in the way. the thing that may save the original poster is that the blue car reversed into them
in the eyes of the law, both may have to share some of the blame. i think the reversing down a one way street will not help the original poster though

either way, good luck with it drone - i hope your car gets fixed right and the headaches are kept to a minimum

FGII-XR6 · 15-08-2008, 10:23 AM

car parks are what are legaly called "road related areas" and the normal road rules apply

Quote:

Originally Posted by gemibabe

insurance will cover you but if excess is more than the damage perhaps settle without the insurance companies?

Also aren't car parks private property? I remember reversing into a car that tried to duck past me as I was coming out.. he was nowhere to be seen when I checked, next minute I know I've collected this car... insurance didn't want to know.. no damage to the big solid tank LOL and they said its private property, so we are no obliged to fix the damage...?????????

Lightning Strike GT · 15-08-2008, 10:40 AM

Very similar incident happened to me a few years ago at work
I picked some goods off from a supplier whos dock is in a 1 way st
Finished the pick up reversed out of the dock and waited for a car to go past and the coast was clear then all of a sudden bang right into the drivers side door of my car was the bumper bar of the Pajero that just flew past me.
He done the same thing seen a spot and threw it into reverse way past the spot and planted the foot to back up quickly as I was leaving the driveway.
In short he was booked I was not but I think it was down to his attitude and lies towards everyone ( I was suppose to of cut up his inside to force him out of the way so I could get the spot)- the CCTV camera does not lie it was caught on tape

**PepeLePew** · 15-08-2008, 10:45 AM

Insurance companies are pretty quick to give you a portion of the blame if they can bump your premium as i discovered some years ago. I was whacked in the front quarter turning onto a one way carriageway by a car coming out a driveway on the other side but DOWN further (e.g. drove 20m against the flow of traffic to take a short cut)

Police threw blame at the other driver, insurance company gave me a slice of the blame for not seeing a car coming from where it shouldnt have been coming from (????), (though if I hadnt of rapidly braked it'd have been worse). Bumped my premium, rang another insurance company and explained why I was requoting, shifted insurer and had my rating restored.

gtxb67 · 15-08-2008, 11:30 AM

Quote:

Originally Posted by PepeLePew

Police threw blame at the other driver, insurance company gave me a slice of the blame for not seeing a car coming from where it shouldnt have been coming from (????),

i think it would have more to do with, that a judge would probably award partial blame to both parties. if one car is not there, it would not be involved in the accident. also, and it does seem unfair and unrealistic (the judge though was not there and can only go on hearsay), but if both drivers are looking, aware and alert they could both have avoided it

i am sure what the insurance company pays out to fix the vehicle would be a fair bit more than the premium hike

**PepeLePew** · 15-08-2008, 11:52 AM

Quote:

Originally Posted by gtxb67

i think it would have more to do with, that a judge would probably award partial blame to both parties. if one car is not there, it would not be involved in the accident. also, and it does seem unfair and unrealistic (the judge though was not there and can only go on hearsay), but if both drivers are looking, aware and alert they could both have avoided it

i am sure what the insurance company pays out to fix the vehicle would be a fair bit more than the premium hike

Yeah I appreciate that, I just love the way you get your premium renewal and find out THEN its nearly doubled, without any word of explanation.

Turned out she had no insurance either...which of course makes my insurance company come down on ME. I'll stop bleating now...a lesson to remember and a insurance company I'll forever avoid

FPV GT40 · 15-08-2008, 01:51 PM

Quote:

Originally Posted by deesun

I think its the blue car at fault as she is the one pulling out into the roadway area. Had you just been stopped there waiting for a carpark space she probably would have hit you anyway cos she wasn't looking. IMHO. As for the one way bit, again you may have come from the correct way and been stopped waiting ans she still would have hit you cos she didn't look.

Ha ha too many what if's....

What if you were both never born the accident would have never happened

Fault at MVA's is decided upon what actually happened not what could or would have happened.

FPV GT40 · 15-08-2008, 01:54 PM

Quote:

Originally Posted by BF XR8

Very similar incident happened to me a few years ago at work
I picked some goods off from a supplier whos dock is in a 1 way st
Finished the pick up reversed out of the dock and waited for a car to go past and the coast was clear then all of a sudden bang right into the drivers side door of my car was the bumper bar of the Pajero that just flew past me.
He done the same thing seen a spot and threw it into reverse way past the spot and planted the foot to back up quickly as I was leaving the driveway.
In short he was booked I was not but I think it was down to his attitude and lies towards everyone ( I was suppose to of cut up his inside to force him out of the way so I could get the spot)- the CCTV camera does not lie it was caught on tape

Not similar at all mate, as the other person that hit you reversed into a stationary vehicle, as you were stopped and waiting. Any driver that his a stationary object is obviously at fault at all times.

How can a stationary object be at fault, as someone must be negligent for the accident to happen

Dauphin · 15-08-2008, 01:54 PM

This almost happened to me yesterday!

I would have been the blue car and I would have accepted responsibility because I should have made sure of what the green car was doing before moving out, even tho it had passed me.

In my case, the lady passed me and then proceeded to reverse-park back into the empty spot opposite my rear. But I didn't see her start reversing as I started backing out, assumed she had passed. I was very lucky and quickly shot back into my bay. She got a bit of a fright.

She did take a while to start reversing, which gave me the impression she was waiting for something else further down so I started moving out.

So always good to double check.

FPV GT40 · 15-08-2008, 02:00 PM

If you are in NSW police would not be interested in this accident, as it is a minor accident and there is no need to even tell the police about it.

Police in NSW will not adjudicate over minor MVA's. This is to be worked out between insurance companies.

Rodp · 15-08-2008, 03:43 PM

Quote:

Originally Posted by FPV GT40

If you are in NSW police would not be interested in this accident, as it is a minor accident and there is no need to even tell the police about it.

Police in NSW will not adjudicate over minor MVA's. This is to be worked out between insurance companies.

I guess it depends on the insurance company. While it has been a good 8 or so years since I've made a claim, I had made a couple in a short period with theft and a minor bingle and both times the first thing they wanted was the Police report form number.

Kryton · 15-08-2008, 04:01 PM

its a pretty simple answer really.
if YOU have a dent in the side of your car - THEY backed into YOU.
if THEY have the dent in the side of their car - YOU backed into THEM.