The other day I was in a car park of a daycare facility. All cars have been asked by the daycare to reverse into the car park for safety purposes (no signs to say this just an email from director). I did this. The car next to me was parked on my passenger side and was front rear parked.
I collected my daughter and went to put her in the car. I opened my front passenger door to put her bag in and she climbed in and got in her car seat. I proceeded to open the back door (front door now closed) and started to put her in, with the door resting on my bottom.
I heard an engine start up. Didn't know it was next to me, but not denying I heard an engine. The driver proceeded to reverse out and collect my back door. He stopped, got out and asked if I had any damage - I didn't. I collected his side panel indicator light which was destroyed and saw a big dent (scratch) on his car. I gave him the light and he walked off and continued to drive off.
The next day his wife saw me and told me her husband was flustered and didn't get any information. I gave her my details but she didn't give me hers. She then said he told her I knew he was there as I moved out of the way and moved to the back of the car. I told her that that wasn't true and I didn't move. I had my 8 year old daughter in the car and she could verify this as I was asking her to move her seat over so I could get other daughter in car.
Once she said this I knew he was going to blame me for the accident so I called my insurance and they said it was equal liability. The wife text me saying her insurance is saying it is my fault and I need to pay. She also asked for my rego which I provided her with. I replied saying I too had made a claim and could I get her details to which she has still not replied.
Do you agree it is equal liability? I had no idea that having an open door was a law breaking rule!!! I do now! But my insurance are saying he didn't reverse into car park and also didn't check his surroundings before he left. Plus he left scene without giving his details and now they aren't giving me their details when asked.
Do you think I will have a leg to stand on?
I collected my daughter and went to put her in the car. I opened my front passenger door to put her bag in and she climbed in and got in her car seat. I proceeded to open the back door (front door now closed) and started to put her in, with the door resting on my bottom.
I heard an engine start up. Didn't know it was next to me, but not denying I heard an engine. The driver proceeded to reverse out and collect my back door. He stopped, got out and asked if I had any damage - I didn't. I collected his side panel indicator light which was destroyed and saw a big dent (scratch) on his car. I gave him the light and he walked off and continued to drive off.
The next day his wife saw me and told me her husband was flustered and didn't get any information. I gave her my details but she didn't give me hers. She then said he told her I knew he was there as I moved out of the way and moved to the back of the car. I told her that that wasn't true and I didn't move. I had my 8 year old daughter in the car and she could verify this as I was asking her to move her seat over so I could get other daughter in car.
Once she said this I knew he was going to blame me for the accident so I called my insurance and they said it was equal liability. The wife text me saying her insurance is saying it is my fault and I need to pay. She also asked for my rego which I provided her with. I replied saying I too had made a claim and could I get her details to which she has still not replied.
Do you agree it is equal liability? I had no idea that having an open door was a law breaking rule!!! I do now! But my insurance are saying he didn't reverse into car park and also didn't check his surroundings before he left. Plus he left scene without giving his details and now they aren't giving me their details when asked.
Do you think I will have a leg to stand on?
