NSW Who is at fault?

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HBExam

Member
24 March 2021
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0
1
Was in the school carpark. Had a staff member of the school come out to her car, she came over to my side of her car to i assume put her hand bag in the passenger side of her car but couldnt because my daughter was putting my son in the car (and holding the door so it didn't touch her car as she was parked very close to the line) She (the driver) then proceeded to drive out of the parking spot while daughter was still putting son in the car. Has then tried to blame me for it saying that I’ve chipped the paint on her brand new car. (meanwhile i had to tell her that shes hit my door and could she please back up into the parking spot so that she releases my door from her car.) After only looking at her door, shes then left without giving me details. I then got to look at my door and discover shes collected it with such a force that shes actually bent my door.

She's then gone and called her insurance and told them that both cars were stationary and weve opened the car door onto her door.

Her insurance company is now telling us we are at fault.

Do i have anything to back me up that this isnt my fault?
 

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Atticus

Well-Known Member
6 February 2019
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Apart from a witness (your daughter) the damage to your door doesn't seem to corroborate her version of events.. That's apart from her actions of driving off while a person is in such close proximity possibly falling into the category of dangerous or reckless from a police point of view.

I would be telling the insurance company the facts.
 

HBExam

Member
24 March 2021
2
0
1
We did and the insurer is saying we are at fault because the door was open? Are you not allowed to get in the car in a car park?
 

Atticus

Well-Known Member
6 February 2019
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You were legally parked & stationary ... She chose to move off instead of waiting till your daughter had finished securing your son...

You've given your version of events. From now you just ignore them unless they initiate court action .... Highly doubt that will happen for chipped paint.
 

Atticus

Well-Known Member
6 February 2019
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In the meantime .... Get a couple of quotes to repair your damage & send her a letter of demand
 

Scruff

Well-Known Member
25 July 2018
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NSW
Isn't it an offence to provide false details in an insurance claim? It's not possible for the damage in that photo to happen with two stationary vehicles.

Also, driving off without swapping details should be reported to the police. As soon as anyone does that, you know straight away they're gonna lie to the insurance company.

"Do i have anything to back me up that this isnt my fault?" - Absolutely. People were outside your vehicle and were therefore pedestrians. As such, the other driver was required by law to give way. You should contact the Police and see if they will accept a complaint based on dangerous driving.
 
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