SA Accident at Car Park - Who is at Fault?

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Sherry77

Member
4 December 2016
1
0
1
Hi,

I would like to seek some help on a car park car accident fault determination.

Thanks.

I (Car A) drove into a car park and saw an empty lot (lot 1). I then reversed carefully into the lot, looking at all side and rear view mirrors and the in-car 360C view camera. I was sure no vehicle was in the way and the cars next to the empty lot were stationary.

I saw Car B stationary in Lot 2, as I reversed in a straight line without turning my steering wheel into Lot 1.

As my car was 2/3 into the parking Lot 1, Car B reversed and knocked into my front passenger door. I immediately sounded the horn. Car B immediately drove back into Lot 2 while I stopped the car where it was hit. I got out of the car and took some pictures of both cars.

Owner of Car B got out of the car and apologised saying she did not notice my car as she kept looking out for the big truck on her right. She also indicated that the claims should be made from her car insurance as she acknowledged her fault.

From the photos of where both cars are damaged, it is obvious which party is at fault.

However, after she called her car insurance company (RAA). They told her that we were both at fault since both cars were reversing. My insurance company (Allianz) said the same thing.

My point is, I was reversing straight into an empty lot away from traffic when Car B was still stationery. I was already more than halfway into the lot when Car B reversed and turning out of her lot into the flow of traffic and she hit my car.
 

Victoria S

Well-Known Member
9 April 2014
518
58
2,289
If she reversed into you and you were not moving toward her at the time of impact, then she will likely be deemed to be at fault. This is a quote from RACQ website:

"Shopping centre accidents

Situation 1

When both cars are reversing from opposite car parks, then both parties are equally liable and should agree to share the total damage bill, or each agree to repair their own vehicle.

Situation 2

If one car had stopped reversing and was stationary at the point of impact, then the other car who continued to reverse is liable for damage to both vehicles. The problem in these types of situations is that often the parties disagree as to what the exact circumstances were.

Situation 3

If only one car was reversing and they reversed into a stationary vehicle (regardless of whether it was parked legally or not) then the driver of the reversing car is usually liable for damage to both vehicles.

Situation 4

If a driver hits a parked vehicle and is unable to find the owner of the hit car, it is not enough for the person to leave their name, address and registration number on the windscreen of the parked car and drive away.

If you’re unable to find the owner of the car, you need to report the matter to the police as soon as possible. If you fail to do so, you could be charged by the police with failing to provide your driver particulars."