So I'm pretty sure from the insurance stand point I'm at fault, but here's the scenario anyhow.
I'm reversing out of a car park, checking my mirrors right to left and moving out slowly.
Car drives behind me (I'm already moving) from left to right, such that I don't see it.
I hit the car in the rear quarter panel and it's nose comes into view in my right mirror.
So yeah, because I made contact, I'm guess it's My fault, despite I was already moving?
Ill wait to see what my. Insurance says anyhow.
Who's at Fault Clarification
Ln2o spark on 05/04/2016 - 09:59
Comments
^^This. Don't be prepared for any other conclusion
Don't be so certain on the 100% OP's liability.
Insurance companies read all the detail and negotiate with each other all time. In this case they might say 'if the the other person was reversing why did you keep driving into him? Were you moving or still? Could you have avoided the collision?'. I'm not saying that will happen here, but when there is a strong stance by both parties and the circumstances aren't clear, they often split responsibility based on the information they have.
"It doesn't matter if you reverse into a car that was parked in the wrong spot or edge out into somebody who is speeding in a car park, if you are the only party reversing you are 100 per cent liable for the insurance claim."
Source: http://www.adelaidenow.com.au/news/south-australia/look-behi…
Not the greatest source, but all insurance companies run this same rule. If you're reversing, you always have to give way. The only exceptions are if you're stationary (and someone hits you) or if you are both reversing (in which case it's usually split costs).
Hypothetically if both parties were reversing. Say one reversing in and the other reverse out. Its gotta be confusing then.
But i think OP is at fault.
Lol at posting on ozbargain for a sliver hope of affirmation of innocence
Ozbargin is the place to post, because if you're wrong, people will let you know about it faster than any other forum :D
True that!
I stopped reading at the word 'reversing'…good luck!
Yeah, I'm fully prepared and didn't think it would go any other way. But in case I was wrong, it doesn't hurt to check.
Thanks for all the replies :)1st .. Check direction arrows on car paths. Was other vehicle traveling in correct direction as marked. Some drivers think it is ok to go against the arrow on one way guides. Not so. Second, if your car was moving, could the other driver have taken action to avoid a collision ie stopped. Some drivers see you but rush on through with no regard for others. Also whilst hard to prove, check if speed limit signs are in place for the area. Hope you took photos at point of impact, you can pass then onto insurance.
I'm reversing out of a car park, checking my mirrors right to left and moving out slowly.
Did you check your rear view mirror? You should have been able to see the other car
You're at fault the other car had right of way and you should have been looking properly.
"I hit the car in the rear quarter panel and it's nose comes into view in my right mirror"
Wait, were there two cars? Unless your wing mirrors are aligned improperly, you should see anything your car is about to hit. You shouldn't be able to "hit the rear quarter just as its nose comes into view". Unless the car is shorter than yours is wide or its a U shaped car with empty space inbetween the nose and the rear quarter panel?
You're assuming that you can view both side mirrors at the same time. I look in my right mirror no car, no car to the side (as far as I can see) . I turn my head to look left and check the side, no car, check mirror no car, proceed to reverse slowly and turn to re check my right mirror, see nose of car emerging and just tap the rear of the vehicle as they drive forwards.
I was in reverse gear, however they did see the lights part in due to their lack of attention, and the terrible parking layout.
Also I'm driving a large work utility with a full canopy and no rear view mirror.
A detail that makes no difference to who is at fault, but perhaps would help people understand a little better. I was not in a small car with good visibility. It's a terrible car park with angled parking in the wrong direction ( I.e you are driving along the left as you normally would, then to park in these spots easily, you have to reverse back into them.) realistically that part of the car park should be one direction but for whatever reason, it's not.Yea, makes no difference to who is at fault. Just trying to understand what happened. As a consolation, I think drivers should be more careful when other car's reverse light is on. Yes, if one is hit by a reversing car you would not be at fault but the time, trouble and depreciation from the repairs is not worth it.
When I see a car reversing out of the lot in front of me I usually just wait to see if they acknowledge me and stop (then I would move on) if not I would just wait for them to move out.I see utes parked head-in almost all the time. Is it because its much harder to park back-in in a ute? I always park back-in unless the lot is open at both ends (make sure when I move out, it is always head first). I find it much safer to move off, also if its crowded with many cars moving through, its much easier to get somebody to let you out by making eye contact.
Was the other car stopped or moving when you made contact?
No it was not.
I'm reversing out of a car park, checking my mirrors right to left and moving out slowly.
You shouldn't be 100% relying on your side mirrors. You should be turning your head around to check with your eyes. There's so many blind spots when looking at the mirror.
This. Didn't fully believe in blind spots until experiencing it first hand. There really are certain positions behind your vehicle that cannot be seen by any mirror, even something as big as a car can be 'invisible'
Whilst it might be your fault and all that, it may have nice if other driver had noticed you and stopped and shown a bit of courtesy
to allow you to back out. Or, given you a blast on the horn.
I can 100% say that it'd be deemed your fault.
Like nose-to-tail accidents are generally always deemed to be the responsibility of the driver at the rear, reversing accidents are generally always deemed to be the responsibility of the driver initiating the reversing action, not any other driver.