Who's at Fault - Car Accident When Both Cars Reversing out of Parking Bay?

Hi everyone, was reversing out of a carpark yesterday while another was doing the same and we collided. Am wondering what the consensus is on who is at fault. Everyone's opinion is welcome, thanks for the input.

Link to dashcam footage

Link to MS Paint diagram post accident

Poll Options

  • 3
    Me
  • 4
    Orange
  • 49
    Both

Comments

  • +20 votes

    Both

  • Both

  • These iPhone 12 ads are getting pretty weird.

    1. When both cars are reversing from opposite car parks, then both parties are equally liable and should agree to share the total damage bill, or each agree to repair their own vehicle.

    2. If one car had stopped reversing and was stationary at the point of impact, then the other car who continued to reverse is liable for damage to both vehicles. The problem in these types of situations is that often the parties disagree as to what the exact circumstances were.

    3. If only one car was reversing and they reversed into a stationary vehicle (regardless of whether it was parked legally or not) then the driver of the reversing car is usually liable for damage to both vehicles.

    Source: RACQ

    • If one car had stopped reversing and was stationary at the point of impact, then the other car who continued to reverse is liable for damage to both vehicles. The problem in these types of situations is that often the parties disagree as to what the exact circumstances were.

      It actually looks like I’m the dash cam footage that OP stopped about 2 seconds before impact but orange showed no suggestion they were slowing down, in fact it looked like they were speeding up.

      • looks like I’m in the dash cam footage that OP stopped about 2 seconds before impact

        Then you would be incorrect. At the point of impact, both cars are moving. You can see this by using the edges of the video and lining it up with other stationary objects (ie: Parked red Mitsu ASX, trees in background and Harvey Norman singage.)

        Also, there is a time reference at the bottom of the video that shows you what position the vehicle were in "2 seconds" before the collision.

        And proof because I'm bored.

  • Both. I could be wrong but it appears you could have avoided it by looking out your rear view and/or looking out you rear window whilst reversing. Likely they could have too. A good reminder for everyone with car parks busy with both cars and pedestrians at this time of year.

  • HN Chaddy?

  • Poll needs a ‘both’ option.

  • +2 votes

    Both started at the same time and both didn't stop for a second - mean both weren't looking in the direction they were headed.

    Share the blame…

    • The corolla might argue that the OP was behind its C pillar. Still both at fault.

  • Usually it's OP's fault.

  • Both. Case/thread close.

  • ask your insurer

  • This question has been asked on many forums and the general consensus every time is both drivers are at fault, pay for your own damage.

    Pity they don't have mirrors on cars so people can see what's behind them when reversing.

  • There wasn’t an old guy in a ute waving you out of the spot by any chance?

  • Both cars were moving and they hit. This means both drivers didn't check the surrounding so both are at fault.

  • ✓ Car insurance post
    ✓ Dash cam footage
    ✓ MS Paint diagram

    Rating: Excellent post 5/7

  • I blame the Holden for cutting through the carparks behind and to the right of OP.

  • You're both doing the same exact thing.

  • both %100

  • A good reminder to myself that maybe it's best to reverse into carpark on arrival so you can go forwards when leaving.

    • In always promote getaway parking. It is safer, many mine site insist you park reverse in.

      once you get the hang of it is no slower than driving in. It just takes a bit longer to park than exit, same time overall. You do get the occasional clown that thinks you are golfing everyone up when you are parking as they fail to recognise that they would be waiting the same amount of time if you were exiting.

    1. Both at fault.

    2. Reverse park.

    3. Do people not look over their should while reversing anymore? Or at the very least, eyes on each mirror (one then the next… obviously not simultaneously…).