Who's at Fault? Rear Ended When Backing out of a Car Park Space

Lsmishra on 12/08/2021 - 14:28
Last edited 12/08/2021 - 18:21 by 2 other users

Sorry, another one of those threads.

tldr; Who is at fault? Me or the other guy?

Front Dashcam (from entering the car park)

I was dropping my child off to day care. While correcting my car, so it is between the lines, I had to back out my car twice and on the second attempt was rear ended by a black sedan.

The insurance company says I will need to pay the excess as am at fault, citing Australian road rules 87 Section 3
"In this situation the Australian Road Rule which has been used is 87 Section 3 which reads as follows:
A driver turning from a median strip parking area into a marked lane, or a line of traffic, must give way to
any vehicle travelling in the lane or line of traffic."

It was a corner car park space and I made sure (enough) there was no vehicle approaching - this black sedan as you can see from the footage (visible at around the 12 second mark) was parked along the way and decided to make the turn even though I was more than half way out of the space.

A witness came forward saying he didn't see the crash but turned around when he heard the crash and saw the guy was on his cell phone. The insurance company isn't treating him as a witness as he did not really witness the crash.

The rear bumper will need to be replaced. Crash repairer quoted around $2k for the fixes (bumper + a few others)
Do I just cop it? If not, how do I fight back?

This thread has served its purpose. Got the answer. Thanks guys

Automotive

closed Comments

  • YeemaiI on 12/08/2021 - 14:30

    MS Paint, please.

    • SF3 on 12/08/2021 - 15:00
      +1

      Nothing would disprove OP isn't at fault.

      • YeemaiI on 12/08/2021 - 15:01

        True dat

        • SF3 on 12/08/2021 - 15:04
          +2

          Do I just cop it? If not, how do I fight back?

          Trying to blame-shift is strong on this one.

  • Hybroid on 12/08/2021 - 14:31
    +10

    You. You reversed into a vehicle moving behind you that had priority and therefore wasn't clear to do so.

    This is the only pertinent part at 0:52 seconds: https://youtu.be/lt74r7bmsJ4?t=52

  • PissLUR on 12/08/2021 - 14:32
    +14

    that was an easy parking. yet you needed two attempts to correct. nuff said.

    • kanmen on 12/08/2021 - 14:45

      Yeah I honestly though they were going to go for the spot on the left when they drove in and when they went to recorrect the first time.

  • BOGOF on 12/08/2021 - 14:32

    You.

  • pyramid on 12/08/2021 - 14:32

    You, pls. /Thread

  • popsiee on 12/08/2021 - 14:33
    +2

    What about both in your poll ?

    Edit : Just watched it forget that lol :)
    110% You .

  • BOGOF on 12/08/2021 - 14:33

    Username nearly checks out.

  • bohn on 12/08/2021 - 14:34
    +20

    Just a note in general about car park behaviour that bugs me.
    I hate it when drivers drive into a spot, and automatically think they have the right to instantly reverse out to correct their position (regardless of what other cars are around). If there are other cars approaching - the driver should wait until all is clear.

    edit: I hadn't read the whole post, or watched the video when I had written the above.. but after viewing it, that appears to be what has happened

    Bad driver
    Hopefully this will teach you to improve

    • Mokr on 12/08/2021 - 15:26

      damn i do this always, normally drivers will wait for you to straighten, but yeah tech you are at fault when ever reversing

      Got to learn how to reverse park

  • iDroid on 12/08/2021 - 14:36
    +1

    Looks like you reversed into or into the path of the other car.

    I can't see how they're at fault.

  • brendanm on 12/08/2021 - 14:36

    You.

  • arkie0 on 12/08/2021 - 14:37
    +7

    I didn't want you to lose 100 to 0 votes so I voted for the black car.

  • mrkorrupt on 12/08/2021 - 14:38

    What happens if it was a child you hit?
    also why no rear dashcam?

    • plmko on 12/08/2021 - 15:22

      No rear dash cam because rear damage = rear ended hahaha

  • ECE on 12/08/2021 - 14:40
    +1

    You are at fault and you need the viofo duo camera 😷

  • currentfad on 12/08/2021 - 14:41
    +5

    Seriously…? If this answer wasn't obvious you really shouldn't have a licence..

  • popsiee on 12/08/2021 - 14:42

    Pls change your music , as that is worst than on hold phone standby music at most places !

  • sw0rdy on 12/08/2021 - 14:42
    +3

    Not sure how you would believe that you aren't at fault.

  • nextL3vel on 12/08/2021 - 14:42

    The answer is in the title of your thread. "When Backing out of a Car Park Space".

  • GG57 on 12/08/2021 - 14:44
    +7

    Surely this is a joke post.
    That was really bad parking, and having to undertake two attempts to get it right is very poor. As well, the final reversing act seems to be at relatively high speed.

    D+
    Take more care next time.

  • Hithere on 12/08/2021 - 14:45
    +1

    Member Since
    32 min ago

    Welcome to OzDrivingImprovements.

    I had to back out my car twice

    1) Get some driving lessons to improve your driving/parking abilities.

    2) Study the current road rules re reversing.

  • ECE on 12/08/2021 - 14:46
    +2

    How can you not park nose in, in one go when there are two vacant spots in front of you and considering you have a small car? ✌🏿

  • BOGOF on 12/08/2021 - 14:46
    +2

    A witness came forward saying he didn't see the crash.

    Errr, that's not a witness.

  • perhaps on 12/08/2021 - 14:48
    +1

    @ 0.51 just seems like OP wasn't looking and just sent it

  • kerfuffle on 12/08/2021 - 14:48

    Exactly the same as this scenario

    And exactly the same answer: you

  • screensaver on 12/08/2021 - 14:49
    +7

    When reversing in car parks I check all 3 mirrors and do not move unless it is clear

    • SF3 on 12/08/2021 - 14:55
      +6

      most sensible reply from Pam 👍👍👍

      • BOGOF on 12/08/2021 - 14:58
        +1

        Except Pam doesn't own a car.

        • perhaps on 12/08/2021 - 15:01
          +1

          pam likes to moonwalk out of parking spots

    • perhaps on 12/08/2021 - 14:55
      +1

      you tell em Pam

      • SF3 on 12/08/2021 - 14:58

        Escalate to OP's manager!

    • MS Paint on 12/08/2021 - 15:38

      Did you get that phone cable Pam?

      • screensaver on 12/08/2021 - 15:47

        Yes, and found the original. This is weird but I checked the container that I stored everything in about 10 times. I am hoping the universe played a trick on me, I bought a powerball ticket when I picked up the cable as the store was right there. I shall see tonight. The only other explanation, is that I am new to all this, somehow I didnt recognise it or something, but I am pretty sure it wasnt there

        • MS Paint on 12/08/2021 - 15:49
          +4

          Good luck with the $80m.

          Remember who your true friends are.

  • nomoneynoproblems on 12/08/2021 - 14:57
    +2

    How fast did you back out lol? Normally you’d turn around and face the rear window to avoid these sorts of things but it looks like you drove straight out.

  • SF3 on 12/08/2021 - 14:57
    +5

    Late here, roast masters comments has started…

    Member Since
    44 min ago

    Counting down to DisabledUser529134.

  • Baysew on 12/08/2021 - 15:05
    +2

    Sorry, another one of those threads.

    Sorry, another one of those answers.

    • SF3 on 12/08/2021 - 15:05

      Yep. another one of the definition of insan….

  • Euphemistic on 12/08/2021 - 15:06

    The only way you’d be able to cut your costs is if the other car was reversing as well, the blame could possibly be split, a bit.

    And you weren’t rear ended, you reversed into someone.

  • honeybadger7 on 12/08/2021 - 15:12
    -1

    If you wanna fight back, something I DO NOT RECOMMEND BECAUSE YOUR AT FAULT, you could always give bikes a call.

    But seriously, your at fault and you might need to pay the other party for repairs. sorry to say but you don't have any other priorities except either deal with their insurance or pay for their damage

  • [Deactivated] on 12/08/2021 - 15:12
    +5

    I would recommend you cop it and then after your car is fixed, sell it, cancel the insurance, and cancel your driver's licence. That spot did not need 2 corrections to get into. It shouldn't have even needed 1 correction with two empty bays side by side.

    • websterp on 12/08/2021 - 15:25

      Plot thickens - OP was driving a B-Double to childcare.

  • Seraphin7 on 12/08/2021 - 15:33
    +6

    So much wrong with what you did in this video.

    Drove past any number of spots, then picked an awkward spot based on effectively needing to do a U-turn to get into it.

    Did one reverse and correct, then seemed to stop for a period of time and I think your passenger must have jumped out.

    Most people would have assumed you had completed your park at this stage.

    You've then accelerated quickly out of the spot and hit the other vehicle, frankly with a very limited time between your movement and the crash.

    The video as posted is not going to help your argument at all.

  • MS Paint on 12/08/2021 - 15:39
    +2

    Sorry, another one of those threads.

    What is your usual ozbargain handle op?

    he heard the crash and saw the guy was on his cell phone.

    Probably calling Kellogg's to see if they issued your licence.

  • Islund on 12/08/2021 - 15:49

    could be why motor vehicle insurance costs keep increasing - I have lost count of the number of times I have had to brake or swerve to avoid people reversing out without looking.

  • spackbace on 12/08/2021 - 15:51
    +2

    That's is some god-awful parking!

    • SF3 on 12/08/2021 - 16:07
      +1

      Demolition derby style. Outcome equally showed…

      Anyways, OP has scored an own goal.

  • [Deactivated] on 12/08/2021 - 15:58

    I was dropping my child off to day care

    You didn't mention any injuries so as long as all vehicle occupants are OK then insurance excess is an inexpensive reminder to always check properly before reversing.

  • Hithere on 12/08/2021 - 16:05

    Last Seen
    39 min ago

    Typical, another 1 post wonder.

  • nandystam on 12/08/2021 - 16:10
    +2

    It's sad reflection on the lack driving skills that someone thinks there's a discussion to be had about who is at fault in this scenario.

  • hellno on 12/08/2021 - 16:12
    +2

    On my goodness.
    Even if the other car had been at fault (it definitely was not), I can't believe you weren't too embarrassed by that parking display to post the video. 2 failed attempts to get into the easiest of parks and I'm not convinced your third try was going to be anymore successful. Time to give up this driving caper.

  • Drakesy on 12/08/2021 - 16:28

    It is a bit rough that you were both moving, if you were stationary then maybe, just maybe you'd have a slither of a case.

    But yeah unfortunately you were impeding the through lane and as annoying as it is (they were a Mercedes driver as well so road rules wouldn't be their strongest suit) you'd be at fault. Plus the speed you were reversing at was a bit on the brisk side, if you hit someone in the carpark at that speed there'd be a few issues.

    Cop it on the chin and move on.

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