Carpark Accident - Checking Who Is at Fault

My partner has a small accident at the Aldi carpark at North Strathfield.

Both cars are backing out of their parking spot. About 1.5 sec before impact, my partner realised the other car is also backing out and stopped and hit the horn warning the other driver. The other driver continued to back out and hit our car.

Is it safe to say we are 100% not at fault?

Video

Comments

  • +7

    Mitsubishi Mirage is at fault. Other vehicle was stopped. I can't imagine there's any major damage though?

    • The bumper appears to bent in and bent back out. There are 2 white stress marks. Not too sure if there is damage behind the plastic cover.

    • +1

      Nah this will be 50/50. Both parties have reversed into the common lane.

  • +1

    Your partner is fine. They were clearly stopped before the other car hit them.

  • +9

    Yeah but that car was already a couple of feet out before you started to move. Both should be aware of their surroundings.

    • +2

      Yep, both reversing (possibly the other driver started just prior to op). Through insurance i would expect a 50/50 blame split.

      • -2

        This is what I am not sure about, whether the last 1.5 seconds being stationary and sounding the horn would make it not at fault.

        • 1.5 seconds is not very long. Should have been prevented earlier IMO.

        • -1

          Just because you horn doesn't mean you're not at fault unfortunately. If anything, your partner began reversing after the car was already reversing; but interesting the start of the video was chopped.

  • +3

    both reversing, 50/50 split. yes you stopped 1 second before they hit you but thats not a reasonable amount of time.

  • +7

    That is why you always do a reverse park

    • +2

      Nek minit: I was reversing into a parking space and someone reversed out into me ….

    • Hard to load the groceries into the boot though

      • +1

        Even when there's not much room behind, it's really not that difficult. Well worth reverse parking.

    • This one time I was reverse parking in, and checking my left mirror (being my closer side) someone snuck into the gap between my spot and my car on the right side and I gave it the slowest dings.

      so nothing is safe, idiots all around.

  • +1

    Is it safe to say we are 100% not at fault?

    Nope, it is safe to say you both are 100% at fault as both are reversing, just because you stopped 1.5 seconds before impact, doesn't give you a pass. Either car hadn't checked it was 'clear' before reversing.

    • The OP did check to see if clear, however they thought it was a mirage.

  • +1

    Afaik reversing party is st fault. Therefore 50/50

  • +3

    50/50 split. The white car was clearly reversing when your car “started” to reverse. If I was the other driver I would challenge it and say your car is at fault. Your reversing you should be aware of your surroundings.

  • +3

    OP judging by the videos on your channel your partner really needs to learn to give way. There’s a bunch of close calls in your ‘unsafe lane change’ where if they had given way they wouldn’t have this problem.

    As above both reversing but based on how far out out of the spot each car was, and their speed, the other car would have in all probabilities moved first. I’m familiar with that carpark and it’s one where you really need to pay attention to your surroundings because of the high volume of traffic

    • thought you were being dramatic but nope, 1000% this

      some real driving nazi going on here

      • Sadly no. There always will be people who do stupid stuff on the road and even though you’re in the right (and therefore not at fault) no point having an accident over it.

    • Thats an exaggeration.

      I can see one video where OP's partner is clearly trying to prevent the Uber driver from entering the lane, 100% bad driver attitude by OP's partner.

      There's nothing wrong with the rest of the videos, maybe poor perception on the road and failure to recognise driver intentions before they make actions which shows driver inexperience.

      The original parking video also shows OP's partner wasn't paying attention, its likely cut a few seconds after they started reversing because they are likely further at fault for starting the initial reverse. Still the other car should have stopped so I would say most of the blame is on them.

  • 50/50 all day long. Your partner moved their vehicle when someone was already in the lane.
    Both parties not paying attention, both parties to blame.

  • neither party is satisfactorily WATCHING in the direction of travel

  • What's the chance of this outcome?
    https://www.gclaw.com.au/rear-end-collision-compensation
    "If both parties are reversing but one stops, the vehicle that continues to reverse and causes the collision will be at fault." ?

  • +1

    Seems like driver had time to shift back into drive and avoid this but instead chose to use the horn… or am I crazy?

    • +4

      half of the videos of dashcam accidents could be avoided if the driver did something instead of laying on the horn.

      I've seen videos where people will sound the horn for a good 3 seconds and then just t-bone someone.

      • +2

        Gas, brake, honk

        Gas, brake, honk

        Honk, honk, punch

    • +2

      It’s a common theme. Situations that could have been avoided completely if the driver just braked (or even just eased off the accelerator)?

      https://m.youtube.com/watch?v=5YLcy5QxCzc

      https://m.youtube.com/watch?v=Z4eFHtX0JNE

      PS both vids from the OP’s channel

  • it would seem that while yes both are reversing you were the only one looking. that has to count for something.

  • 50/50 fault. Video proof is irrefutable

  • Care to show the 30seconds of footage before this started? Who started reversing first?

      • The lazy insurer will go straight to 50/50. The better insurer will recognise that OP came to a full stop while the Mirage had ample time to avoid a collision but failed to do so. Sadly most insurers will take the lazy option.

      • I mean it seems both parties had at least two huge opportunities to notice the opposite car was reversing, but didn't.

        The opposite car starting moving first and your partner didn't look before they started reversing.

        Yes your partner stopped first which I think takes away some of the blame.

  • 50/50

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