QLD Car Park Accident and Car Insurance - What to Do Next?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

upendra

Member
19 February 2016
1
0
1
QLD
Hi,

I was parking my car into a car park (rear first). Looked around, no one was coming out of the car park, but half way through, I noticed the opposite car hit the reverse gear. I stopped the car and honked the horn.

She still reversed into my car. She did admit she didn't look in the rear mirror. She was in a hurry. She damaged front bumper and small minor repair. I showed the mechanic and they said it is was a minor repair.

I rang the car insurance to make a claim. They said I should also pay the excess and insurance premium is gonna go up by 25%.

Can anyone suggest to me how to proceed?

Thanks
 
S

Sophea

Guest
Hi upendra,

Generally, when two cars collide while both are reversing in a car park situation - if one car stops before the impact and the other car keeps reversing then it is prima facie their fault. Therefore, based on your version of events you would likely be found not at fault for the incident if liability were to be determined in court.

Your insurer may, therefore, sue her insurer or her if she doesn't have one, for the repairs to your vehicle. However, if you make a claim on your insurance then you generally still need to pay any excess and any claim will impact your premium. That's life.