SA Carpark dilemma car passed behind my park i reversed then he reversed back into me

Discussion in 'Traffic Law Forum' started by Kimmz80, 24 May 2018.

  1. Kimmz80

    Kimmz80 Member

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    Hi November last year i pulled into a carpark but needed to straighten up a bit so i waited for the car that was behind me to pass the carpark and the bollard next to me b4 reversing to straighten as i got about a foot out the car that was behind and now passed my vehicle decided to go into reverse and his back left hand of his car and my left rear panel collided!
    Whos fault would it be?
    Also he said his car had no damage and we neednt worry about it as in public carpark but i insisted on getting details as it was my boyfriends car now we have recieved raa letter saying we owe $$$ and it currently stands that im at fault which ill be desputing as much as i possibly can please i need to know the rules for this kind of dilemma in a carpark!!!
     
  2. Clancy

    Clancy Well-Known Member

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    People who drive into car spaces then back out again are a damn nuisance in car parks, i cannot tell you how many times i have nearly collided with these idiots.
    What i do, if i have to back out to straighten up, i first look around if there is anyone who might possibly be taken by surprise by me doing that. It is MY fault i did not park straight, so therefore i have to sit and wait until it is safe to move.

    Having said that, a person who decided to reverse, also has a responsibility to make sure it is safe to do so.... if you were stationary when he hit you, then he is at fault, if you were both moving and hit each other, then it is less clear who is to blame? I suppose it comes down to who actually started reversing first? Then the other is to blame.
     
  3. Adam1user

    Adam1user Well-Known Member

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    All I can advise is to contact your insurance company and explain what happened, they have the experience to determine whose at fault, and also did you take pics after it happened?
    Good luck.
     
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  4. Lucaslly97

    Lucaslly97 Well-Known Member

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    What I think is if he started moving and crashed into you while you are stationary, then he should be at fault. Regardless of whether he just started moving or was already moving when you came to a complete stop, I think you are still not at fault given your scenario. This is because I think in a car park, there are no traffic signs to say who is allowed to move first. However if you are not stationary then you might have to share the blame.
    My argument is, if it was a person who stood there stationary and not noticing the car who moved and ran him over, are you gonna suggest that the person is at fault?
     
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