Hey all, another one of whose fault it is topic.
This morning was at parking lot, it was full, tried reversing out (i.e. i'm still on the road)
Another car in a parking bay reversed out at same time
My back left bumper and her back right bumper collided
See pic:
http://imgur.com/shokYOn
Who's fault is it? her's (reversing out of a parking bay)? both (both reversing)?
It was only minor scratches for both cars, but from our conversation she is intending to claim insurance.
2 Cars Reversing Accident - Whose Fault?
both vehicles was reversing? 50/50 fault. she pays her excess and you pay for yours.
I've been in similar situations and acted as a witness (for insurance purposes) to a few I had no involvement in.
It depends on which cars were stationary and moving when the collision occurred. A stationary car will not be at fault and can make a claim against the driver of the moving vehicle. The moving vehicle has the responsibility to avoid hitting stationary objects and will be deemed at fault. If both cars were moving at the same time you're both equally at fault as both drivers could have potentially avoided the situation by stopping/horning.
Regardless of what actually happened, if there aren't any witnesses (passengers in the cars involved don't count as witnesses) then it's your word against theirs and insurance companies generally won't pay out for other drivers in these situations.
OzBargain's been getting a lot of these questions. Don't we have confidence in the justice system?
Hahaha .. funniest comment I have seen on here in ages! I think it is safe to say that no one in Australia has even the slightest confidence in our justice system.
To quote Billy Bragg from his song Rotting on Remand:
I said, "There is no justice" as they led me out the door
And the judge said, "This isn't a court of justice son, this is a court of law"
He said, she said.
Without witnesses each bear your own costs.
From my previous experience very similar to yours as following (as I was told by my insurance company): if both drivers are reversing then they are both at fault and have to pay full excess. The insurance companies will share 50/50 repair costs. It doesn't matter if she left a lot and you've driven along the parking lots. Doesn't matter if it is undercover parking or on a street. The advice was do not reverse. I was reversing on the street when someone left a lot and reared my car. Common when you are looking for a parking and saw someone leaving. But if you are stationary or drive normally it isn't yr fault. Since then I mostly park a car by reversing into a spot and leave a parking lot front driving to avoid an accident at first place and avoid the 'at fault' accident.
You were reversing out of a 1-way road?
Don't use that "pic" for your insurance lol
If you are the red car in your scetch then you are clearly at fault.
^
But unfortunately, you were reversing also so it'd be 50/50
I'm not sure which is yours, so forgive the answer if it isnt what you want to hear.
I'd say the Car is drawn in blue is at fault
it was driving against the flow of traffic on the Left side of the road
(i suspect may be illegal to do?)
If the blue car hit the red in the side then there is no disputing.
If the Red hit the blue in the side, arguably the blue was reversing into a car space behind the red or was moving forwards/motionless when the red backed into it.
I know this is a very old post, but I just had a similar accident today.
So just wondering how it all ends up?
I think it is the fault of both the people looking for the parking and the one reversing to get out of the space. But I also think that since you were on the lookout for a parking space, you should have been more vigilant and cautious.
I would say in this situation you are both equally liable.