Car Accident Who Is at Fault? (I Was Reversing and Hit Car That Was Coming out of Park)

Lblacknblue on 10/11/2019 - 18:21
Last edited 10/11/2019 - 18:36 by 1 other user

Hi OzBargainers,

I seek your wisdom. We were in a parking and Car A (my car - Silver Civic) was reversing to let Car C gets out and I hit Car B (White BMW), which started coming out when I was in the process of reversing. Who is at fault here? Should Car B look first before coming out or is it my fault for not stopping in time?

The damages for each car is shown below, the BMW damage was done to the side under the head light, while my damage is done to the back of the rear bumper.

The BMW has lodged the comprehensive insurance with AAMI. AAMI contacted me but both parties haven't talked about or decided who was at fault. I only have third party insurance so maybe I will have to fight this alone, but not sure what the process will be. Anyone has any idea how this will proceed?

Diagram
Damage To Civic
Damage to BMW
Dash Cam

Thank you all in advance!

Edit: I was reversing and the BMW was going head out.

Automotive

Comments

  • dcep on 10/11/2019 - 18:28
    +6

    50-50

    repair own damage

    • thatonethere on 10/11/2019 - 18:30
      +1

      Yeah 50 50 if both cars moving in reverse.

      • blacknblue on 10/11/2019 - 18:33

        Edit: I was reversing and the BMW was going head out.

        • Ughhh on 10/11/2019 - 18:35

          BMW was going head out.

          So only you were reversing? You reversed into the BMW?

          • blacknblue on 10/11/2019 - 18:49
            -1

            @Ughhh: Yeah and yeah… the BMW was peeking out so I couldn’t stop in time.

        • thatonethere on 10/11/2019 - 20:20
          +1

          Heh lucky you have insurance

  • horice on 10/11/2019 - 18:29
    +15

    Reversing car I imagine will be found 100% at fault

    • apsilon on 10/11/2019 - 18:33
      +2

      They were both reversing and apparently neither were looking. I'd say 50/50 like the others. No idea why people don't look while reversing. Do you just assume your sensors will tell you when to stop or something?

      EDIT: OK, so you've changed your story and the BMW wasn't reversing so pretty much your fault.

  • profar on 10/11/2019 - 18:39

    Not 50/50 depends who has the best legal team on the case .

    • blacknblue on 10/11/2019 - 18:50

      Lol that would be them since I don’t have comprehensive

  • SnoozeAndLose on 10/11/2019 - 18:47

    What I am looking at in the dashcam?

    • blacknblue on 10/11/2019 - 18:51
      -1

      Lol it shows that I was already reversing before the BMW came out but probably not showing much sorry.

      • SnoozeAndLose on 10/11/2019 - 19:13

        Where is the video at the point of contact?

        • blacknblue on 10/11/2019 - 19:22

          At 8-9 seconds apparently

  • oscargamer on 10/11/2019 - 18:50
    +2

    You were reversing. You'll pay the larger %age.

  • cynicalmike on 10/11/2019 - 18:51
    +2

    i'd say its probably your fault. you can't reverse into a car that's already half way out (making room for another car reversing is dumb and causes problems unless clear to do so - he should wait (C) for you to pass or you should have given up the park and found something else). he saw you passed him and then it was all clear for him (B) to drive out of the park.

    if BMW was heading out head first then he might not have seen you make that last second decision to put your car in reverse and wasn't expecting it and couldn't have possibly avoided it. can't see your reversing lights either.

    private car park accidents are a head-ache though aren't they?

    head.

    • lgacb08 on 10/11/2019 - 21:50

      it was more because he wanted car C to get out so he get his spot

  • Ryanek on 10/11/2019 - 18:52
    +1

    You don't have comprehensive? Good luck.

  • oscargamer on 10/11/2019 - 18:56

    Honda driver vs. BMW driver. Equally bad.

  • trex on 10/11/2019 - 19:12
    +1

    Damage to the Civic was only at the back while damage to BMW was at the side. I would say the Civic reversed into the BMW and should be liable for 100%.

  • Hithere on 10/11/2019 - 19:14
    +1

    Unless it's something out of the ordinary, which this isn't, the car reversing is deemed at fault.

  • thebadmachine on 10/11/2019 - 19:25
    +7

    I always recommend people to reverse into parking spots.
    I believe this to be always superior / safer than reversing out of a parking spot.

    • John Kimble on 10/11/2019 - 19:29
      +1

      Unless you have a reverse camera

      • thebadmachine on 10/11/2019 - 19:41
        +2

        I consider minimising risk to be fool-proof.
        Put it this way, I prefer to have a full human-eye’s 180 degree plus vision through the front of the vehicle, rather than a limited field-of-view on a screen through the reverse camera.
        I feel much more confident in catching any sudden changes in traffic (vehicle / pedestrian) looking through the front windscreen.

        • John Kimble on 10/11/2019 - 19:44
          +1

          My reverse camera is pretty much 180.

          Vision is often obstructed by adjacent parked cars if parked backside in, especially these days where SUVs are so popular. There are many times you have to creep out blind (perhaps what the BMW had to do here).

          If they made it mandatory for all cars to reverse park in, a different story.

          • thebadmachine on 10/11/2019 - 19:46
            +1

            @John Kimble: Interesting observation, but still feel more confident backing in and looking out the front.
            I have noticed some parking areas with the “reverse parking only” signs.
            Probably something to do with statistics, but I personally believe it is the superior method.

            • John Kimble on 10/11/2019 - 19:54

              @thebadmachine: The future is now, get with the times! :p

              • thebadmachine on 10/11/2019 - 20:05

                @John Kimble: Yes I admit I am slow to adopt new technology.
                Duly noted.

                • Ozpit on 11/11/2019 - 08:13
                  +2

                  @thebadmachine: New technology, meh. I get the missus to stand on the road with a red flag to stop/warn oncoming traffic as I back out. Never failed yet. Can’t beat old school.

                  • thebadmachine on 11/11/2019 - 15:29

                    @Ozpit: That’s a good one if you have someone else with you.

                    • Zachary on 11/11/2019 - 22:54
                      +1

                      @thebadmachine: Carry some cones or boxes with you, put them out before you reverse out if you're single. Should hopefully stop oncoming traffic….then when you get out of the spot, pick up the cones and boxes and drive off….

    • cloudy on 10/11/2019 - 20:39

      I was reversing into a parking spot once, and a driver decided to edge his car an inch between my rear and my spot. Now, it’s true I should have looked, but I was bouncing my eyes between mirrors and he skipped in just as I looked away.

      Just goes to show, nthoing is safe.

      • thebadmachine on 10/11/2019 - 20:47

        driver decided to edge his car an inch between my rear and my spot.

        This would annoy me also, when there is such a tight gap drivers should give you priority & space just in-case it’s too tight (especially if you are parking).
        It is possible though so my advice would be to make sure you leave less space so people can see its way-too-tight to drive through (if you leave too much space it can sometimes confuse drivers with what you are actually trying to do).

        • cloudy on 10/11/2019 - 21:48

          yea,. that was my mistake, I took up a lot of space and the driver said they didn't know what I was doing. Doh for me that day.

          • thebadmachine on 10/11/2019 - 21:51

            @cloudy: I would have still given you time & space. Some drivers simply are rushing or think they have priority.

    • zetapulse on 11/11/2019 - 10:21
      +3

      But how are you going to load your shopping into the boot when there's no room to get the cart in between the parked cars?

      • thebadmachine on 11/11/2019 - 15:34
        +1

        Leave the trolly and carry the shopping bags to the boot.
        In some cases I understand it is easier to access the boot by parking nose first (there is a slope and the trolley would roll away).
        In this case I would recommend parking nose first and taking extra care when backing out (turning your head multiple times).

      • Zachary on 11/11/2019 - 22:57

        Don't buy too much or too bulky of an item or items….

    • kiitos on 11/11/2019 - 15:25

      Agree that parking in getaway mode is best, but the vast majority of times that I park in a parking station is for grocery shopping, and so reversing in makes it very difficult to get the groceries into the boot, especially if the trolley threatens to roll away.

  • grog on 10/11/2019 - 19:27
    +2

    If this was on a queens carriageway in WA the reversing car would be 100% at fault

  • Dont Care on 10/11/2019 - 19:31
    +2

    you're done bud. recommend always taking out comprehensive insurance.

    • Cheapskate Paul on 11/11/2019 - 19:48

      Even for a very low value vehicle?

    • Zachary on 11/11/2019 - 22:58
      -1

      Insurance is scam….they're there to make money off you….even if you were in the right….

  • whooah1979 on 10/11/2019 - 19:43
    +5

    BMW drivers are never at fault.

  • Worf on 10/11/2019 - 19:53
    +2

    Lucky you had 3rd party property insurance… just pay the excess (for the bmw’s damage) and push your rear bumper bar back into the clips. You might be able to buff out the scratches on your civic

    • blacknblue on 10/11/2019 - 20:54
      +1

      yeah probably that's what im gonna do thanks

  • Seraphin7 on 10/11/2019 - 20:13
    +5

    Unsafe reverse. You'll get stuck with this one.

  • [Deactivated] on 10/11/2019 - 20:41
    +1

    Pay your own excess/damage.

    If one party is insured and the other isn't, the fault is the same but someone is obviously going to walk a bit funnier for it.

    • [Deactivated] on 13/11/2019 - 02:33

      OP should charge them for the dashcam footage that proves OP is at fault….

      • [Deactivated] on 13/11/2019 - 08:39
        -1

        Too bad it doesn't change the outcome and there's no mention of dashcams nor anyone wanting it.

        Good thing no one suggests causing property damage as a way to get what they want.

  • blacknblue on 10/11/2019 - 20:55

    thanks all for your comments! :)

  • Cheapskate Paul on 10/11/2019 - 22:28
    +1

    Many years ago I had my first accident. A Jaguar failed to give way to the right and slammed into the side of my XP Falcon. I had no insurance and the Jaguar driver was deemed to be 75% at fault, I was 25% at fault because i was moving. My car was a write off and valued at $500, the damage to the Jaguar was over $5000. To my horror I found out that I was liable for 25% of the damage to the Jag ($1250) and the Jag driver was responsible for 75% of the value of my car ($375). Their insurance company agreed to let me off the $875 they reckoned I owed them if I went away quietly. Very kind!

    • blacknblue on 11/11/2019 - 07:16

      Wow what a story lucky you lol!

    • SydEng on 11/11/2019 - 10:20

      I hope you learned your lesson and got insurance now.

      • Cheapskate Paul on 11/11/2019 - 10:27

        Insurance would have been useless in this case. I was 17 at the time. The lesson I learned was that the only time a driver is 100% fault free is if they are stationary.

  • andrek on 11/11/2019 - 07:38

    AAMI contacted me
    Interesting…. Because a few years ago, when I was with AAMI and had a similar accident in a car park (both were reversing out of their parking spaces), AAMI told me that in all car park cases each driver covers their car's repairs.

    • blacknblue on 11/11/2019 - 10:05

      Yeah that’s what my panel beater told me as well. Calling AAMI now to discuss. Thanks!

  • Euphemistic on 11/11/2019 - 08:17
    +1

    It is third party property insurance you have isn’t it? Not just the third party that you have to get for rego?

    All too often in these threads the ‘third party insurance’ is only the compulsory version which covers injury damage, not property damage. Unless it is third party property insurance you are screwed.

  • gyrex on 11/11/2019 - 08:27
    1. You're at fault
    2. Insured parties usually will not (or should not) discuss fault or liability. One might violate the terms of insurance by admitting liability.
    3. The insured party has no interest in discussing the incident with you. Their priority is to lodge a claim and have their insurance company manage the legal processes.
  • Hardlyworkin on 11/11/2019 - 08:48
    +1

    Looks like that B caused damage to your A.

  • OzHunterNSW on 11/11/2019 - 10:31

    Simple answer is YOU.
    It could have been a child or elderly person behind YOU.
    YOU are the one in control supposedly of your vehicle.
    How old is your car? Reversing sensors have been around for over 20years.
    You need to install a reversing camera.

    • Euphemistic on 11/11/2019 - 14:01

      I suspect a camera or sensors would not have helped in this situation. Sure, they are a good assistant, but they aren’t esssential f you watch your mirrors properly.

  • Chris Topher on 11/11/2019 - 17:29
    +1

    No sound in vid? I was listening to hear if the beemer hit the horn prior to the (also missing) thud/crunch sound. If so, the horn was hit instead of avoiding the impending impact. Beemers view was much better than your back left corner blind spot.
    Annnd… leaving a parking spot must ALWAYS give way to all traffic including peds. Take the beemer to court on that alone. moo

    • blacknblue on 11/11/2019 - 17:41
      +1

      https://youtu.be/jWgz_WkfVvo

      Here is the dashcam footage with sound. I was already reversing and when the beemer pulled out head first she DOES have a better vision, not like she was reversing out. Also she since she didn’t pay attention and she horned too late and the collision happened immediately after.

      I’m challenging her insurance claim that I’m at fault.

      • ilostnemo on 12/11/2019 - 16:00
        +2

        Silly her for not horning sooner.
        When I was doing motorbike lessons, I was
        Instructed that every driver is trying to kill you, sadly it applies when driving a car.

        • [Deactivated] on 13/11/2019 - 02:29

          I horned a car that was very slowly reversing into me once. They were deaf, several seconds later they hit me. Next time I'll flash the lights too.

      • Chris Topher on 12/11/2019 - 16:53

        Video is private. I can't watch or listen to it. :-(

        • blacknblue on 12/11/2019 - 17:03

          unlisted now, I thought you did watch it so i changed to private haha

  • HeWhoKnows on 12/11/2019 - 22:25

    Dont even know why OP has asked this question

    The LAW is very clear on this and nobody here can change it…..

    When reversing YOU must take care not to cause an accident.
    Or in simple terms…
    If you are reversing YOU are deemed at fault, no matter what the circumstances.

    • blacknblue on 12/11/2019 - 23:54

      But did you know in a car park incident if two cars were both in motion then the liability is split to each driver to fix his/her own car?

  • OzzyOzbourne on 15/11/2019 - 10:25
    +1

    Imo, it's kinda stupid…. If you were driving forwards, the car coming out of the space would need to give way to you, but if you are reversing, they don't need to give way to you.

    They can clearly see you reversing but couldn't wait a few seconds so drove into you.

    I would say they've got as much responsibility to make sure the road is clear when leaving a parking space and not to hit other vehicles as you have when reversing.

    In fact if you were already moving when they were stationary and then they set off and hit you, I would say it's more their fault.

    Otherwise literally anyone could drive into any car that is reversing into / out of a space in a car park and claim it's not their fault..

    • blacknblue on 15/11/2019 - 10:48

      Thank you for your input. Really appreciate it! :)

  • RubenM on 17/11/2019 - 08:01

    You claimed that he hit you, from the damage, it definitely looks like you hit him though! That damage could have occurred if he was stationary, but not if you were stationary.
    Also, was was there an arrow allowing you to move in the direction that you were (reversing or otherwise)? If not, definitely your fault.

  • TEER3X on 17/11/2019 - 08:04

    BMW should pay because they can clearly afford it.

  • CVonC on 04/12/2019 - 01:27

    Any update on this?

  • blacknblue on 18/02/2020 - 15:48
    +3

    UPDATE: I successfully fight back with my reasoning and evidence that the other car had full awareness of my intention to reverse and the reversing process already started before she pulling out of the parking spot. I suggested each party takes care of their own car and sent the email away to AAMI dispute center.

    Not getting anything back after that, called them back last week asking for updates and AAMI said I won't be chased up for the damage anymore.

    Thank you everyone for your input!

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