Carpark Reversing Incident, to Make a Claim or Not?

Kellyke on 18/07/2021 - 04:19
Last edited 18/07/2021 - 17:29 by 1 other user

Another car incident dilemma…

I was reversing out of a spot in a busy carpark, then stopped the car whilst I was halfway out as there were people moving behind. In that time the guy in the bay behind me to the right begun to reverse. My car was still stationary, I thought he would have seen me and I begun to honk at him. He continued to reverse and then turned to back into my car causing damage to both vehicles.

My car is damaged on the side panel just above/slightly behind the back wheel. His is damaged on his side back bumper.
Clearly I know he is at fault but no witnesses came forward and his attitude at the incident was that "let insurance handle it" - did not apologise or acknowledge anything.

My excess is $1600, the damage to my vehicle isn't significant, bent panel and scraped paint and I potentially don't think he will lodge a claim as the damage on his vehicle was mostly paintwork.

Should I go forward with claiming with my insurer and will I have a strong case? Who looks to be at fault?

Not sure if it will be an issue with claiming after posting pics on here. Drew a diagram of where the damage is located on each car.

His car (SUV)

My car (small hatch)

Edit: i contacted the shopping centre security and he can confirm that there is cctv showing my car was stationary while he continued to reverse! Have I been saved??

My insurer requires excess to be paid whether i proceed with fixing or not.

Poll Options

  • 47
    He is at fault
  • 0
    I am at fault
  • 5
    50/50
Automotive

Comments

  • Euphemistic on 18/07/2021 - 07:42

    What did your insurance co say? How much did a panel shop quote for the repair?

    Diagram says little. Photo of damage might help.

    • Kellyke on 18/07/2021 - 15:58

      Insurance said we are likely both at fault as I was in the act of reversing whether I was stopped or not. Now I have cctv footage showing I was fully stopped while he was reversing.

      Havent been in touch a panel shop yet but its paint damage to plastic panels and a minor dent to a panel, I'd estimate around $500-$1000 if not respraying the whole panel.

  • Hithere on 18/07/2021 - 07:50
    +9

    This type of accident is quite common and usually without any strong evidence, dash cam, or witnesses coming forward most Insurance companies (if involved) agree on the accident being 50/50 with both drivers paying an excess if they claim on their policies.

    • May4th on 18/07/2021 - 08:01

      yes that's exactly what happened to me.

      even though the other driver is 100% at fault as you have started to move out of the car space and cannot prove that you weren't in common lane / moving usually the liability is 50/50 unless the other driver is a semi decent person and admits fault

    • Kellyke on 18/07/2021 - 16:02

      If cctv shows I am fully stopped while he is reversing, do I have a strong case with insurance?

      • May4th on 18/07/2021 - 20:17

        it will help

  • Jugganautx on 18/07/2021 - 08:17
    +1

    Time to get a daahcam 👌

  • buckster on 18/07/2021 - 08:43

    Any chance the carpark has cctv to support your story?

    • Kellyke on 18/07/2021 - 15:59

      Just confirmed to have cctv footage showing i was fully stopped while he was reversing.

      • buckster on 18/07/2021 - 17:27

        Yes, you should be able to prove you didn't cause the accident. Definitely get a copy of it because sometimes they only keep the recording for a set period

        Worst case you can decide to not proceed with the claim

  • spal on 18/07/2021 - 09:08

    I would suggest that you make a claim, because we don’t know if the other driver makes a claim and doesn’t own up their fault. Then they will make a claim against your policy. On the other hand if they are honest to their insurer you wouldn’t have any issues.

    Did his vehicle have any business signage? Then it could be registered to a business, their employer. That could be the reason for them not owning up on their fault. This is what we were told too, do not accept any faults and let insurance deal with it.

  • Summoner on 18/07/2021 - 09:21

    One of the condition on most of the motor vehicle policy is

    You must not:
    admit fault to any other party involved, agree to repair anyone else’s property or negotiate, pay or
    settle a claim with anyone,
    This is from RACQ PDS

    So you will rarely see people apologising in an accident.
    You just need to swap your details and contact your insurance provider.

    I would make a claim if this happened to me.

    • bobbified on 18/07/2021 - 09:53
      +3

      So you will rarely see people apologising in an accident.

      Actually, a lot of people do apologise and acknowledge fault at the time of an incident but then when it comes to insurance claim time, their story completely changes and it's "the other party's" fault.

      A lot of people let their guard down because of that and don't get pictures, details of witnesses at the scene etc (then regret it later).

    • Manny Calavera on 19/07/2021 - 14:07

      Sensibly, in Victoria at least, an apology is not an admission of liability.

      • Summoner on 19/07/2021 - 16:18

        https://www.gclaw.com.au/news/should-you-say-sorry-after-an-…

        So if you say sorry, it cannot be used against you.
        However, care still needs to be taken when apologies are considered in the context of contracts of insurance.
        Most insurance policies prohibit an injured person from admitting fault for an accident. Some insurance policies go so far as to say that if you admit fault, then the insurance company can refuse to pay the claim.
        So regardless of the protection of the legislation, an expression of regret may result in the insurance company voiding the policy.

  • Enzalicious on 18/07/2021 - 11:15

    I had a similar thing happen to me many years ago. Insurance put liability at 50/50. Was only $600 worth of damage so I just got it repaired myself.

  • Ughhh on 18/07/2021 - 12:14

    You need to emphasise to your insurer that your car was stationery during and prior to the collision. Otherwise they'll most likely assume 50/50.

Login or Join to leave a comment
Login Join