Got a Car Collision, Both Don't Admit Fault

ntt on 14/02/2016 - 20:40
Last edited 15/02/2016 - 10:04

Good evening guys!

I've got an accident in a car park. I was reversing the car slowly,(I always keep in mind that this shopping centre has very crazy drivers who drive very neglectful and always hear horns, yelling,etc..), watching carefully both sides of the mirrors and windows, when I suddenly got a slam at the back. Firstly, my first thought like "WTH, did I reverse too far that I hit a opposite parking car? No way!". Then I stopped and turn on hazard lights and opened door to see what happening. I saw a car which collided to mine seem like reversing too, because it was far from parking slot.

The happening: The girl in that car asked me where were I, she didn't see me coming. After we exchanged information, we had some discuss. I believe that I nearly finished my reversing and going to move forward (as you can see in the diagram), and she was reversing to adjust her car to fit the car slot as she mentioned.

The damages: My car's bumper was hit badly at the right side as a result of a collision. At first, she only admit she hit one spot into my car, but I proved to her by showing her the very new scratches with some residual like paint dust (I don't know what it called, just like white dust) still remaining on and where they were caused, she agreed at some points. Her car's back was damaged too, but better than mine. I also attach some images for reference.

Both parties apologised and trying to reach a result. She required to do a split 50/50 by paying out of pocket, she doesn't want (me or her) to claim an insurance because she is below 25. Well, actually she asked me to go to some repairers to get a quote and tell her. I really want to make a claim on insurance because I have comprehensive one due to avoid headache and waste time. I am not sure how legally responsible for both party but I think my fault is very little. LOOK GUY! I know when reversing a car, when you hit someone/something, most cases are at your fault, right? But please think my situation, at that point, where I almost finished the reversing process, and slowly, very near to the opposite parking slot, what else I can do to avoid a collision. Can I have to push pedal quick enough to run from that? beep horn? She said she was watching very carefully, then why she didn't see me? In this case I can explain maybe because she was watching for both moving cars and forgot to look at her back. Anyhow, I really don't agree split 50/50 with her. I'll get some quotations tomorrow to see how much will it cost. Please give me your thoughts and advice. Thank you very much!!

And here is the diagram

TL;DR: got an accident when both reversing, I was going to finish and changing to Drive forward, she was reversing from her slot to adjust the car. Need an advice whether who is at the most fault and best solutions.

Poll Options

  • 7
    Her Fault
  • 0
    My Fault
  • 26
    Both faults
  • 10
    Kangaroo Fault
Automotive

closed Comments

  • DaaC on 14/02/2016 - 21:07
    +1

    Its her fault and go thro' comprehensive insurance. Hope you took pictures on the spot.

  • datafellows on 14/02/2016 - 21:07
    +3

    Does the area have video surveillance?

    You reversed and were out ready to move forward, she reversed to you, IMHO her fault.

    I would claim on insurance… But if she is pretty I might go for 50/50 plus a dinner ;)

    • ntt on 14/02/2016 - 21:15

      I'm a married man. I will check the CCTV tomorrow. I called a friend and he told me that I might to pay 100% excess fee unless she admit all her fault.

    • Geewhizz on 15/02/2016 - 07:24
      +1

      You reversed and were out ready to move forward, she reversed to you, IMHO her fault.

      He didn't say that. He stated that he was reversing slowly when " I suddenly got a slam at the back"

      Sorry OP but CCTV footage will prove nothing other than that you were both reversing. As such, fault is 50/50 as already stated by others.

      • ntt on 15/02/2016 - 08:36
        -1

        He is not quite wrong. If i get a cctv to proved i finished it and ready to go, I would be ok

  • sa5ha on 14/02/2016 - 21:11
    +8

    I have worked in car insurance in the past and also had the exact same scenario happen to my partner last year in a car park.

    You'll both be deemed to be at fault and each insurance company will cover the costs of their own insured parties repairs. You will pay an excess.

    • ntt on 14/02/2016 - 21:16

      Unfortunately that's what I thought now. especially you are with some shitty insurance like "lucky you're with AMMIIIIII"

    • resubaehtgnolhcs on 14/02/2016 - 21:17
      +1

      Yep, exactly what sa5ha said! Insurance companies deem accidents in car parks as both parties at fault. You will both pay your respective excess if you make a claim through insurance.

      • ntt on 14/02/2016 - 21:27

        I don't think they will listen carefully what we are gonna to say, they just grab some common information from the story and apply to cases. It is easy for them!

        • resubaehtgnolhcs on 14/02/2016 - 21:59

          Unfortunately, in your situation the insurance companies just apply their rule for this type of car park accident, regardless of what you tell them (or who backed into who).

  • SnakeDoctor on 14/02/2016 - 21:17

    I really want to throw a vote the way of the roo

    • ntt on 14/02/2016 - 21:19

      someone did!

      • nocure on 14/02/2016 - 21:24

        No vote for dingo ?

        • altomic on 14/02/2016 - 21:54
          +7

          Dingo is only responsible for baby thefts

    • ntt on 14/02/2016 - 22:42
      -2

      seriously, guys, can someone actually give me some good advices?

  • morpheu on 14/02/2016 - 23:01

    i'm going to say the same rule to giving way at a stop or give way sign applies, forward or reverse same applies, her fault because she didn't notice you/give way before moving out into the main common road, also this may sound unfair but yes younger drivers do make more mistakes, just ask any insurance company
    ps of course the younger driver won't admit fault, excess will be way more and future increases are likely

    • ntt on 14/02/2016 - 23:08

      I found this useful. thank you very much

  • RockyRaccoon on 15/02/2016 - 02:26
    +2

    If you want some advise. Ignore all the above!!!

    A simple read of your policy and hers and everyone else's is.

    DO NOT ADMIT FAULT.

    To do so will mean the insurance can be void for the party that does.

    So many idiots want the other party to do so, forgetting this simple fact, and its written into your policy,

    For example from a GIO policy

    What you must not do:

    do not admit liability or responsibility to anyone to pay for any damage unless we agree;
    do not negotiate or promise payment;
    do not authorise any repairs, except for emergency repairs described on page 20;
    do not get rid of any damaged parts of your car or your property without our consent;
    do not accept payment from someone who admits fault for loss or damage to your car. Refer them to us.

    If you do not comply

    If you do not comply with ‘What you must do’ and ‘What you must not do’ we can reduce or refuse your claim and/or recover costs and/or any monies we have paid from you and/or cancel your policy.

    • ntt on 15/02/2016 - 02:33

      I knew that. I also didn't push her to admit anything, i even told her that. But if an idiot want someone to do so, that mean they are not idiot

      • RockyRaccoon on 15/02/2016 - 02:38
        -1

        If you know that why are you asking for all the opinions here. Just let your insurance co do what you pay them to do.

        The accident will affect you.

        When you apply for insurance next time there is a simple question all insurance companies ask.

        Have you been involved in an accident previously

        If you have you must say so.

        Its not a question of

        Have you been in an accident claimed against a policy. Its ALL accidents

        • ntt on 15/02/2016 - 08:37

          You didnot read all my post

        • RockyRaccoon on 15/02/2016 - 11:46
          +1

          @ntt: Yes I did. You are having people advise you to get CCTV. Now where can you get that from. The Centre managers have privacy issues in releasng this to you.

          Plus who is going to act on this? The Police? I dont think so, its too small for their involvement.

          And the same person advising you on CCTV says get them to admit fault. Thats not going to help unless they are prepared to pay for everything, which you indicate they are not.

          Acting on ozbargain advice with legal issues isnt very smart. Even QC's get advice wrong thats why you have court cases. Is it worth it to you?

          Sorry I can help so far, its now over to you.

  • zolinger on 15/02/2016 - 06:05
    +4

    In the case of reversing, its a 50% split if both were reversing.

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