NSW Involved in Reverse Parallel Parking Car Accident - What to Do?

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Bluester

Member
12 March 2017
2
0
1
Hi!

I was recently involved in a minor car accident while trying to perform a reverse parallel park in a tight backsteet. I was completely parallel (the space in front of my car was a driveway) to the kerb and in the process of reversing my car. All of a sudden, I heard a horn beep and before I knew it, I had bumped into a vehicle which had moved into the small space between my rear and the vehicle parked behind me. They were on my right shoulder blind spot.

Apparently, they were trying to avoid a collision with an oncoming 4WD. The damage to both vehicles was minor and limited to bumper bar only (my back corner with their front corner).

The other party was quite abrupt in their conversation and tried to blame me, noting that they had stopped behind me and gave warning with their horn. They quickly took note of my rego number and left the scene to report the accident to police without exchanging further details. I also attended the police station where we were promptly told it was not a police matter and we then exchanged personal details.

I have enquired with my insurance company to make a claim on a 'not at fault' basis. However, the operator on the phone advised that at best, they would view this as a split liability claim (50/50) and that an excess would need to be paid. They say that the road laws state that it is the responsibility of the driver reversing to avoid all oncoming traffic from behind them.

My first question is 'do you agree with this assessment'?

The OP sounded quite vehement in that they would make a claim through their insurer.

If I do not make a claim, then apparently I will receive a letter of demand for total cost of repair. I would like some advice on what course of action would be best if that happens.

Should I:

A) Make a claim with my insurer insisting I am not at fault.

B) Make an offer to the OP to split liability for purpose of repair meaning both parties fix their own vehicle.

C)Ask for copies of quotes for repair and insist that I will defend my position in court.

D) Offer to pay part of their proposed repair as well as fix my vehicle

E) other

I thank you in advance for any assistance and look forward to any reply.

Kind Regards
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi,

Yes it's my understanding that if the other vehicle was stationary and your vehicle was reversing you are at fault. That said the other persons move was a dog act. You could try to go through your insurer but it doesn't sound like the other party would accept 50/50.
 
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Bluester

Member
12 March 2017
2
0
1
Hi,

Yes it's my understanding that if the other vehicle was stationary and your vehicle was reversing you are at fault. That said the other persons move was a dog act. You could try to go through your insurer but it doesn't sound like the other party would accept 50/50.

Thanks for your input Lance!