Car Accident in Car Park

ymerej on 11/01/2024 - 21:57

Hi Everyone

This is another car accident post that I would appreciate everyone's thoughts on who is at fault (or both) and I have uploaded the picture just to make things simpler. I already have a feeling which way an insurance company will go.

https://imgur.com/a/JlGjNfz

So at the carpark, I reversed relatively straight out of the park that I was leaving
At the same time the P Plater came fast out of his park and hit me on the side while I was (relatively) stationary, he was pretty reckless and it seemed that the P Plater rear sensors didn't trigger

Nothing I could do to avoid and logically I cannot manoeuvre myself since the damage on my car is on its side (T-Boned)
No Dashcam unfortunately to prove that he drove into me,

Other question, If I go to my insurance company and initiate the claim, is it possible to withdraw the claim if they turn around and say both at fault?

Poll Options

  • 4
    Me at fault
  • 76
    Both at fault
  • 12
    P-Plater at fault
Automotive

Comments

  • HulkBroden on 11/01/2024 - 22:07
    +13

    relatively stationary = moving.

  • askbargain on 11/01/2024 - 22:08
    +7

    good luck arguing you were stationary and the p-plater was reckless and fast without any video

  • PissLUR on 11/01/2024 - 22:09
    +2

    Red or Green P?

  • jumpypotato53 on 11/01/2024 - 22:13

    I think whoever started their manoeuver last should give way. Hard to prove though.
    By the picture it looks like it could be the OP.

  • Unorthodox on 11/01/2024 - 22:14
    +1

    Both at fault, you both have clear lines of sight.

    Also, you shouldn't need to reverse completely straight out if there's sufficient space. (E.g, multiple point turn reversing out and then re angling).
    - this may have also caused you to not see the angle of the other car and use your horn.

    P plater more at fault if disregarding insurance decisioning as they should see where they're reversing into - what if someone had walked and stopped and expected them to stop

  • Empharand on 11/01/2024 - 22:16

    That's a bit of a tough situation.
    Your only hope is that the car-park is situated near a facility that has camera(s) facing where the incident occurred and you can pass footage onto your insurance for their assessment to hopefully rule in your favour, failing that then you likely will both be paying for your own excesses to get your cars fixed due to not being able to determine who's at fault.

  • JeremRrss on 11/01/2024 - 22:20
    +3

    To me, unless he has any way to prove that you cut his way, he is at fault. It is hard to it a car from the side of your car, unless it can move side-way.

  • jv on 11/01/2024 - 22:49
    +8

    If the collision point occurred on your side panel as per the picture, then the P-plater is at fault for reversing into you…

    • Malik Nasser on 12/01/2024 - 08:08
      +3

      Yeah this is exactly my thoughts.
      If you had both hit in the rear, then both would be at fault.
      As he hit you on the side, then he clearly reversed into you, so he would be at fault.
      Good luck getting it sorted out.

  • xuqi on 12/01/2024 - 00:07

    Both 'relatively' at fault, move along…

  • ymerej on 12/01/2024 - 06:19

    Thanks all, appreciate everyone's responses. I figured this would be the result given no dashcam.

    Anyone have thoughts on being able to get an assessment by the insurance but withdrawing if both at fault? I'm better off paying my own damage.

    • ThithLord on 12/01/2024 - 09:51

      Wouldn't that just set off alarm bells for your insurer?

      • ymerej on 12/01/2024 - 18:10

        By alarm bells you mean a withdrawn claim may increase premiums anyway as the actuarial models account for this piece of data…is that what you are suggesting. I'd just pay for my own damage if it's both at fault

        • SnoozeAndLose on 16/01/2024 - 18:33

          In this situation 50-50 means both whole equal responsibility, if you can get an agreement that both party pay for their won't damage,otherwise your damage may be cheaper than the other party and you need to pay more to make it 50-50

    • Jimothy Wongingtons on 12/01/2024 - 11:18

      dashcam

      unless you had a dual camera option where back camera was super wide FOV, it wouldnt have caught it anyway?

      • ymerej on 12/01/2024 - 18:07
        +1

        Well it would prove you would be stopped /not moving at the time of the impact.

    • Jake D on 15/01/2024 - 14:30

      with my insurer I have the option to simply cancel the claim at any point until the repair is scheduled.

  • EightImmortals on 12/01/2024 - 07:20

    "it seemed that the P Plater rear sensors didn't trigger"

    And their eyes were broken too?
    Both at fault, but mostly the P plater.

  • Eeples on 12/01/2024 - 09:11

    Some people rely solely on reversing cameras when reversing.

    Did you see the P-plater hit your car with your own eyes ? Did you see his car any time before the collision?

    If you had seen him about to hit your car it is legal to blow your horn (as that shows him your position).
    If you had seen him about to hit your car you could have driven straight back in to your car space.

    Having said all that. Blame is shared one would think.

  • Dollar General on 12/01/2024 - 09:53

    Only solution is to go somewhere secluded, burn your car and report it stolen to police. All other options are too time consuming

  • bobbified on 12/01/2024 - 13:51
    +3

    https://imgur.com/a/JlGjNfz

    I'm very suspicious about whether your drawing is accurate because.. who reverses their car straight out (and not at an angle) like you've drawn in this picture?

    • Empharand on 12/01/2024 - 16:24

      I do? I'm sure I'm not the only one… If there's an empty spot behind you might as well just reverse, turn in the direction you need to go and driveaway…..

      • bobbified on 12/01/2024 - 21:04

        I think the drawing just shows one car on either side of the two cars involved.

        Usually by the time a car is out of the spot, as per the drawing, it's already angled in one direction or another…

    • ymerej on 12/01/2024 - 18:13

      Maybe I need to draw it on a slight angle… it actually makes no difference in the context…. t bone , stationary or moving as well, both reversing….. that's the key points

      • cloudy on 12/01/2024 - 19:55

        Any photos of damage?

      • bobbified on 12/01/2024 - 20:54
        +1

        it actually makes no difference in the context

        It does - the difference is you'd be reversing towards each other or other driver reversing towards you.

        But since there's no footage and you're both reversing, the insurers are likely to go EBO - 'Each Bears Own' costs. This is from my previous experience as a claims assessor.

  • djkelly69 on 12/01/2024 - 17:07
    +2

    Have been in a very similar situation, all insurance company would say is both reversing, both at fault.

    Might like to think about whether you were still moving or had come to a full stop before the other car hit you…

  • nwa on 16/01/2024 - 18:08

    Been through the same, as a policy holder of a nominated driver, even though according to them they noticed other vehicle was reversing and stopped but the other vehicle kept going. The insurance company deems this to be each other fault, not sure if a dashcam would have helped. The lesson learnt is as soon as you see this, stop and move back into parking spot.

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