NSW Parked Car In - Who is at Fault?

KN2009 · 15 February 2017

I parked my car legally on the street this morning into a tight space. The car behind me became parked in (a car parked them in even more tightly). At some point later in the morning, the owner of the car behind me tried leaving and in the process ripped off her front bumper and did damage to my car.

My car was a car share service car, and they called me this morning to say I'd parked the person in and that they'd do an investigation but I may have to pay the insurance cover of $1500.

Who is at fault? Anything I should do as the police were never called and at no point did I hit her vehicle?

GC. · 27 March 2017

Was the car still booked out in your name at the time of the accident, or was it considered to be returned (by parking it back in the car-share space)?

You need to check your car share agreement's fine print to see if you are liable for the car. I can't see how you could be liable for the "parked in" car, they've hit a stationary car and I can't see how they could blame you for that even if you did park them in.

I'm not a lawyer, and I haven't seen the car share agreement, but I would suspect that the outcome would be...

- If you hadn't returned the car then you may be liable to the car share company for the damage to their car, but could possibly chase up the "parked in" driver for it.

- If you had returned the car, then you are unlikely to have any liability for a car that is not in your possession (but check the fine print).

It's quite possible that the car share company has demanded payment from the "parked in" car, and would likely get it because they have admitted to hitting a parked car.

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NSW Parked Car In - Who is at Fault?

KN2009

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GC.

Well-Known Member

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