NSW Two cars reversing at the same time, who pays what?

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JJCharlie2016

Member
28 April 2017
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1
Hi,
I was in my school car park the other day (it's listed as a private car park) and myself and another girl reversed into each other. I have over 10 witnesses that confirm that I was 3/4 of the way out of my spot when she reversed into me. I had a smashed tail light and she had a small dint in her plastic car, I paid $180 to get my own car fixed and asked her for no money what so ever as legally we are both in the wrong as both of our cars were in reverse, however she believes that I am 100% to blame and she has done nothing wrong. She had the dint popped out by a family member then went to get a quote to get it fixed. She is now trying to force me to pay what she says is $800 worth of damage for a crack in her back bumper, she said she was told the crack is a result of the dint being popped out. I believe that it is not my responsibility to pay this as we were both to blame, and I have told her this, she keeps saying she will pursue it further and I would like to know if there is anyway she can force me to pay even though she reversed into me and legally we are both to blame.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
First up, understand that you do not have 10 or more witnesses.

Chances are, most of them were probably looking at their phones
and only looked up when they heard the bang.
In other words, they probably didn't actually see anything
(no, they didn't).

Further, there is no witness less reliable than a teenager.
Even if there were any who both could and would tell the truth about what they saw,
each of those "witnesses" has been, or will be, told by their parents "Don't get involved".

You cannot negotiate this with her. For one thing, she may not be the registered owner of the car.
For another, she won't be able to agree to anything without her checking back with her parents.

Call her bluff. If she wants to "pursue it", then say "Well, go on then."

And fit front and rear dashcams to your car, for the future.