NSW Car Park Accident both car reversing- Each Bear Own

[Nancy123]

Hello everyone, I had accident in a shopping center car park, while I was parked in my spot and trying to revers out to straight my car in the car spot, and there is another car trying to reverse into the car spot opposite to my spot ( she was revering on a one way car park lane) , and then we hit. When I lodged the claim with my insurance company I been told in this case, both cars were reversing and moving, each will bear own cost to fix the car.

But 8 months later, my insurance company contacted me saying the other party/solicitor not accept each bear own suggestion, and claiming because I was reversing out and she is reversing in, so I have higher duty of care and they were unable to defend the claim.

I called in said I wont accept the decision and also asked if there is rules states that I have higher duty of care? and the insurance company cant answer. and we are reversing into the same direction, we could reversing into the same care spot why I have higher duty of care? is there anyone could help me in this case, who has the higher duty of care when both parties are negligence....

Thank you

 

[Brian Hastie]

I would say that because you are both on what can be described as a private property i.e. shopping centre car park you don't have a case to answer.

 

[Scruff]

Brian: The road rules apply to car parks, therefore being on private property doesn't negate anything.

Nancy: Have I got this right...
1. the lane from left to right is a one way lane travelling left to right.
2. the lane at the top is a marked parking bay that the other car was reversing into before parking in it.
3. the lane at the bottom is a marked parking bay that you had already driven into and are now reversing out of to straighten up before parking in it.

If that is correct, then in my view you're at fault because you reversed out of a parking bay into the traffic lane without giving way. The fact that the other vehicle was reversing against the one way direction is not really relevant, because the law permits reversing into driveways, parking bays etc. The fact that they were in the traffic lane means that you have to give way before reversing out of the parking spot. Even with the lane being one way, you're still under obligation to give way in both directions.