Another One of Those Posts: Whose Fault Is It?

https://imgur.com/a/QKmuRe5

I don't have any MS paint diagrams. Apologise for my inability to meet the minimum OzBargain standards!

Car A: Car entering the car park
Car B: Car leaving the car spot

I gave the dashcam copies to both drivers so they can show the recordings to their insurance providers.

Poll Options

  • 20
    Car A
  • 343
    Car B

Comments

  • I'm not sure that insurance companies will entertain damage in public or private car parks… I may be wrong :)

    • +2

      I may be wrong :)

      You are. You are insured against damage in any road-related area. Any public road, and any area a business invites it customers to drive into. So, say if you went to get new tyres you'd be covered in the tyre shop's parking area. But not their workshop, which they drive your car into, not you. Road laws that are relevant also apply in road related areas. So disobeying an unofficial sign posted by the owner of the area can't result in a booking, but that can be taken into account in determining fault in a crash.

      • My car insurance covers my car wherever it is. It works on public roads and property and it works on private roads and property.

        My car is even covered when it's locked up in my garage. It doesn't get much more private than that.

  • -2

    Both at fault - both claim on insurance - both get increased insurance premiums next year

    or - don't claim on insurance - and rankle about it forever …

  • You would swear that B was waiting for A. Which reminds me, keep a very close eye on cars parked near the entrance. They are out to get you.

    • Oh, so car car A was in a high speed chase with police and Car B drove into him on purpose to force him to stop so the police could catch up to and detain him.

      Was car B a private citizen? (Any Good Samaritan laws to help him out here?)

      Was car B a member of some law enforcement agency?

  • +3

    Car A was an absolute idiot and contributed to it, but Car B has to give way and in this case didnt give way to a car directly in front. so i would say car B is at fault.

  • Could be that they are both found to be liable by their respective insurers.

  • Car B would probably be at fault but wise King Solomon would have penalised both drivers plus the car park owners for puting a parking spot so close to the entrance.

  • I mean, it's Car B. But also Car A drove on the wrong side of the driveway - don't cut corners people!

  • +1

    The onus is on the one leaving the parking spot to ensure it is safe to exit.

    Both insurers will see it this way.

  • +1

    OP, for making everyone watch 25 seconds of nothing.

    • That sounds like a you problem

  • As a local of the area, all I'm going to say is Springvale drivers are the worst, bar none. It's like the only rule is there are no rules. Just in the last week or so, I've had drivers slowly pull out in front of me and cut me off, and another go straight from a turning lane (same road and direction as that in OPs video, but further down at the lights). To cap it off, I once parked on Balmoral Ave, where cars park in the same direction as traffic flow, and was T-boned so hard my car was half on the nature strip, and hit the car in front hard enough to push it forward across a driveway and hit another car, and then that car hit the car in front of that. The worst.

    • worst part for me is the parking altercations

  • Car A was just being a speeding (profanity), he's turning quite fast and sharply both corners but also car B should have looked twice or three times.

    But ultimately, IMO, it's car b's fault.

  • CarB got complacent from all the yummy banh mi.

    • Bun Bun was within walking distance pho sho

  • Car A was a bit quick though, did it indicate left?

  • Did you say both are insured? Are you sure you are posting on the appropriate website?

  • Unfortunately your footage doesn't show Car A turning the corner. But it looks to me like Car B was already moving out of his/her position before Car B hooned around the corner cutting in front of and swiping the bonnet of Car A.

    • It is irrelevant that car B was moving, if you are pulling out of parking it is 100% your resposibility to look for incoming traffic and stop if there's a car approaching, to avoid collision. The only situation where Car A is at fault is if Car B is already in front of Car A when Car A approaches; in that situation there is nothing Car B can do to avoid collision and it's Car A responsibility to stop and avoid collision, in that case it would have been Car A hitting the side Car B, which is not what's happened.
      So inthis case it's 100% car B's fault.

      • You're wrong unfortunately in this case (fortunately being right or wrong isn't a popularity contest). We can clearly see Car B was already pulling out of his spot (at 0:32 remaining) just as Car A had entered the car park entry and just as he dissappeared from vision of the dashcam. At that point Car A was parallel and almost adjacent to Car B, but still very much in the car park entryway (not turned the corner yet) and Car B was already partially out of his parking spot. When Car B re-entered the dashcam view (at 0:30 remaining) he was seen hooning in front of Car A and swiping the front bumper of Car A (possibly actually veering into Car A if his entry* to the carpark is anything to go by). That means Car B must have been hooning around the corner at the T-intersection carpark entry at some ungodly speed that Car A could not possibly reverse him/herself out of the way. And Car B was going so fast hooning around that corner that his car has gone a full 7 or 8 cars further into the carpark before the driver was able to arrest the acceleration and velocity of his vehicle to bring it to a halt. Not only that, but Car B actually entered* the car park in the wrong lane, which further demonstrates his recklessness and fault in this instance.

  • Frankly scary that almost 5% of responders selected Car A, to be honest.

    They are out there, they have no idea.

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