NSW Car Park Accident - Who is at Fault?

[Jazzii]

I was reversing out of a car park very slowly as there was lots of traffic and pedestrians about. Another car was apparently backing out as well. He hit the side of my rear bumper. His car had damage to the rear. Who would be at fault considering he backed into the side of my vehicle?

BTW he says he has a witness to say I didn't look, which is totally untrue I looked in all directions continually.

 

[Bill Murray]

Both of you.

50/50.

 

[Clancy]

Well clearly you did not look well enough. Whenever I am ready to back out of a spot, I actually look inside the parked cars behind me to make sure no one is in them before I know I can back out without incident. If I see there is someone in one of the parked cars, then it's a problem.

I know they can start reversing out at any time, and even if I stop, and they still keep going and hit me. I am still going to be hard pressed to prove who is in the wrong. It's a situation best avoided...

I prefer to wait for them to go first, but if they just sit there and don't go, then it's a big problem... I back out 'sweating' and watching them like a hawk! My fate is in their hands, should they decide to move.