Car Park Accident Who Is at Fault?

currentfad on 18/03/2023 - 19:37
Last edited 19/03/2023 - 00:00 by 1 other user

G'day,

Context:

Car park is one way.

Blue car is stationary in the parking spot (between two spaces)
Red car begins doing a reverse park, into a space behind and opposite the blue car.
Collision occurs when blue car is in motion reverses at a faster speed into red car behind which is still in motion to do a reverse park.

Blue car's back left bumper and red car's front right bumper is damaged.

Who is at fault?

MS Paint Diagram

I believe that red car has right of way and had no way to avoid the collision as already behind blue car, and blue car should not have reversed from parking spot until they made sure the path behind them was clear.

Thoughts?

Poll Options

  • 6
    Red is at fault
  • 92
    Blue is at fault
  • 29
    Both are at fault
Automotive

Comments

  • randomusername2017 on 18/03/2023 - 19:46
    +1

    Option C. The carpark

    Which red car were you driving?

  • Xistn on 18/03/2023 - 19:51

    Both are.

  • AndyC1 on 18/03/2023 - 19:51

    Add poll.

  • Mokr on 18/03/2023 - 19:56
    +3

    Remember that reversing vehicles have no right of way. If a vehicle approaches from behind, remain stationary and give way until it passes. If you're unsure whether the way is clear because of blind spots

    • Euphemistic on 18/03/2023 - 20:27
      +5

      Also know that no car has right of way.

      • pegaxs on 19/03/2023 - 11:19
        +2

        Unless of course that car is traveling over an adjacent block of land to access their own land locked property…

        • xylarr on 19/03/2023 - 12:18
          +1

          Technically correct is the best kind of correct

    • TrustNoBody on 21/03/2023 - 17:48

      exactly i had a near identical accident the other day and i was reversing so i am automatically deemed at fault regardless what the other car did wrong

  • Aust on 18/03/2023 - 19:58
    +1

    Both reversing, both at fault, 50/50

    • TrustNoBody on 21/03/2023 - 17:50

      only 50/50 when both reversing car’s reverse into each other’s back end ..i just went through nearly identical accident last week and my insurance said i’m at fault

  • apsilon on 18/03/2023 - 20:01
    +3

    All road rules apply in carparks so IMO blue is mostly at fault as the red car is already on the "road" (though in the process of exiting it) and blue wants to enter the road so must give way to existing traffic.

  • morse on 18/03/2023 - 20:28
    -1

    Without further information I’d say both. Both need to be looking at their surroundings.

  • Euphemistic on 18/03/2023 - 20:29

    Blue car must give way if reversing from stationary.

    • MS Paint on 18/03/2023 - 20:43

      I feel sorry for any transmission/ clutch that isn't reversing from stationary.

  • Ocker on 18/03/2023 - 20:30
    +2

    Maybe a case of let common sense and courtesy prevail to avoid such a situation?
    Then again Australian motorists are not known for their courtesy on the roads

  • randomusername2017 on 18/03/2023 - 20:41
    +1

    Were either of the cars a Tesla?

    If not .. neither and both drivers should share the blame.

  • Axelstrife on 18/03/2023 - 21:39
    +3

    Blue cars at fault, guy wasnt even parked inside the lines.

  • JIMB0 on 18/03/2023 - 21:43

    The green car.

  • Matt P on 18/03/2023 - 21:46
    +1

    Most if not all insurers won't fight an accident such as this. It will 99.9% be ruled an "each bear own" incident which means you both pay excess.

    • TrustNoBody on 21/03/2023 - 17:51

      no i got deemed automatically at fault 100% by my insurance the other day for very similar accident

  • djkelly69 on 18/03/2023 - 22:18
    +1

    Can confirm from personal experience that when both cars are reversing, insurance company will just say you are both at fault (even if one car was carefully reversing and the other one came flying out of their spot without looking).

    If you happen to have just stopped prior to the other car reversing into you, I believe that may change things slightly.

    • xylarr on 19/03/2023 - 12:22

      Red car: "Your Honour, seeing that the Mr Blue was likely to collide, before the collision occurred, I stopped my vehhicle and activated the its horn. The blur vehicle continued reversing and collided with my stationary vehicle."

  • cookie2 on 18/03/2023 - 23:32

    Not sure. Does it matter which car was already moving as to where the fault lies (according to insurance definition)? As in if one had already commenced the move while the other was stationary and then following that commenced the move?

    • Euphemistic on 19/03/2023 - 09:02

      Imagine red was on the road and blue on a driveway. Would that help clarify?

  • Baysew on 19/03/2023 - 00:02
    +2

    What did the insurance company say?

  • lordra on 19/03/2023 - 00:34

    Do you have dashcam footage?

  • kiwiyonip on 19/03/2023 - 07:52
    +1

    I would say the blue's at fault, out of 1) courtesy to the already moving red; 2) lack of awareness, not checking surroundings before starting the reverse (and probably moving too fast)

    But then again, Aussie drivers are really BAD drivers, hot-tempered and undisciplined like most developing countries when it comes to driving, so what to expect here!?

  • solidussnake on 19/03/2023 - 08:10

    Both cars are pinecones move along.

    Insurers will rule 50/50 both pay excess

  • pegaxs on 19/03/2023 - 11:24
    +1

    Where are all the opinions of the dimwits that picked the "red car at fault" option. Keen to hear the reasoning behind that choice that isnt troll related.

    And to all the 50:50 voters… Just how do you suggest the red car could have avoided this in this instance?

    • Jugganautx on 19/03/2023 - 11:40

      Reverse park faster lol

    • Euphemistic on 19/03/2023 - 11:51
      +1

      Just how do you suggest the red car could have avoided this in this instance?

      https://www.ozbargain.com.au/node/736307

      Obviously by driving in, but then if the blue car has reversed in they would have had a better view and also avoided it. No wait… If they’d all parked somewhere else parallel to the road. Hang on, what if they’d all caught the bus? Or stayed home that day? Better still, if their parents hadn’t gotten cosy that night ….

    • md333 on 19/03/2023 - 12:12

      Red car can avoid it by stopping just prior to the impact, then its blue car reversing into a stationary car and blue car at fault?

    • solidussnake on 19/03/2023 - 12:17

      Both could have used their mirrors ?

      • pegaxs on 19/03/2023 - 12:33
        -1

        Riiiiight… and just how would "using their mirrors" have helped the red car considering they were hit in the front right hand corner of their car? Or maybe, because the red car was using its mirrors to reverse, it didn't see the car reversing into it… so… red car should have used less mirrors??

    • lostgoat on 19/03/2023 - 12:29
      +1

      Politician always want the first primary spot on the ballots because of a reason hehe .

  • TrustNoBody on 21/03/2023 - 17:45

    i just went through a very similar accident and 99% of the time the car in reverse is deemed automatically at fault

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