WA Got Reversed into in a Car Park - Help?

Discussion in 'Traffic Law Forum' started by Zen Master, 2 June 2019.

  1. Zen Master

    Zen Master Member

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    Hi guys,

    I was wondering if anyone could give me some help with the incident we had yesterday.

    We were in a Coles' supermarket car park and was reversing straight out of our parking lot.
    When our car was almost completely out of the bay, I saw the car parked behind us started reversing in the reverse camera.

    I stepped on the brake and started beeping at him to let him know where we were but he did not stop and reversed into the back of our car, denting the rear door of ours. No apparent damage to the other car.

    A guy who works at Coles saw the incident when he was collecting trolleys in the car park and told us that our car was already far enough into the lane of traffic and the other car hit us. He said he would be happy to give a statement if necessary.

    We and the other driver exchanged our contacts and I made a claim to our insurance company (RAC) when we got home. I provided them with footage from our front dashcam that clearly showed that our car started reversing, stopped when it was out of the bay and got hit (the car shook due to the impact) 1 - 2 seconds later. The footage also showed that the other car reversed into ours in the reflection on the body of another car that was parked on the left-hand side at the front.

    RAC contacted us stating both drivers were at fault and we should share fault 50/50 with the other driver.

    We disagreed with them as the footage showed that we were stationary when we got reversed into and had the right-of-way.

    RAC told us I should have made effort to give way but I only had less than 2 seconds to react and the beeping was the only option then.

    We requested an escalation on this case so that it would get assessed thoroughly by a motor claim specialist of theirs. We will have to wait for their response for a couple of days.

    If they come back to us saying both of us are still at fault, how can we contest it?

    Can we take it further with another body (ombudsman, etc)?

    Thank you!
     
  2. Zen Master

    Zen Master Member

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    Hi Moderator,

    Please close this post.
    I've received advice from another forum and successfully dealt with this case.
     
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