Who Is at Fault (Car Pulling out from Park) ?

Lmiicah on 19/06/2025 - 13:54
Last edited 19/06/2025 - 15:15

EDIT: Better image. Arrows indicate direction of travel. Both lanes are the same direction as it's in Brisbane CBD.

https://imgur.com/a/rTYR1xw

Red car is parked and is waiting to leave the park, because pink car wants that park. Blue car is either behind pink car and comes out and around, or is in the left lane and changing lanes, we are not 100% sure.

Red car pulls out and is hit on the front right bumper by the rear right of the blue car. No damage to the blue car as it's a Ranger with side-steps but the red car has it's front bumper torn off.

Who is at fault?

Poll Options

  • 47
    Red car
  • 10
    Blue car
Automotive

Comments

  • joka on 19/06/2025 - 14:01
    +12

    Today must be a bad day for ozbargainers.

    • 87percent on 19/06/2025 - 14:20
      +10

      But a good day for DashCamAustralia

  • hasher22 on 19/06/2025 - 14:04
    +2

    Interesting scenario as the blue car was hit by the red car on its rear bumper.

    Despite the blue car being impatient and took over, the same scenario and accident could have been done if the blue car was in the left lane, merging into the right lane.

    It seems this scenario is a case of awareness and technically both at fault (I would assume the blue car knew red was exiting and they made a bad decision to quickly and rightly overtake the pink) . But I would be more inclined to say the red was at fault as they need to make sure the road is clear before exiting.

    But that's just me, correct me if I am wrong.

    • miicah on 19/06/2025 - 14:42

      road is clear before exiting.

      We have no dashcam footage (unfortunately) but from my wife's description of events to me the road was clear as there was no one in front of the pink car and then the blue car entered the same lane as her.

      Unfortunately I think without any video proof we are SOL though.

      • furyou on 19/06/2025 - 22:27
        -1

        A story for you. My wife said she was stopped at a red light. A ute in the next lane turned and hit the front/side of our car. The ute didn't stop.

        The dashcam showed she was stopped. The next lane was clear. A ute indeed did continue along that lane and turn eventually. As it passed our car, she changed lanes into that lane, hitting the back of the ute.

        Moral: don't get angry at unnamed stranger based on wife's story of faultless driving.

  • Jimothy Wongingtons on 19/06/2025 - 14:05
    +2

    for those playing at home, chatgpt said red car in most instances.

  • boomramada on 19/06/2025 - 14:06

    How does the red car knows blue car is waiting?

    • Protractor on 19/06/2025 - 14:10
      +1

      Blue car driver is staring down at smart phone?

      • boomramada on 19/06/2025 - 14:14

        you could say that or pink car blocking the view

  • Moneyinthebank on 19/06/2025 - 14:11

    If the red car hits the blue car red fault if blue hits red car, blue fault

    • Protractor on 19/06/2025 - 14:16

      This is what insurance companies call the "twister conundrum."

  • MS Paint on 19/06/2025 - 14:17
    +4

    Is the road centreline solid as depicted in your excellent Ms Paint diagram?

  • Fredfloresjr on 19/06/2025 - 14:20
    +3

    If that's a solid line, then blue car is a fault

    • stickingly on 19/06/2025 - 14:40
      +1

      I agree.
      Also if blue was accelerating fast it would have been hard for red to see them. Another example where even if blue was in the right it is bad driving to do this and just assume the other person will see you

  • Ozbar Gain on 19/06/2025 - 14:39
    +7

    The pink car will never fit into that spot

  • miicah on 19/06/2025 - 14:39
    +2

    Centre line is not solid. This is what the insurance company have sai:

    Good Morning
    I have now reviewed both versions of events,
    QLD road rules state ;
    "drivers must give way to all other traffic and pedestrians"

    To me it seems like the blue car (Ford Ranger of course) is at fault, because they should have checked there was no car in the lane before changing lanes?

    I would actually be happy to accept "both cars at fault".

    • life is suffering on 19/06/2025 - 21:53

      What I think too, potential hazards ahead why would you cross lanes ?

    • jjjaar on 20/06/2025 - 09:08

      To me it seems like the blue car (Ford Ranger of course) is at fault, because they should have checked there was no car in the lane before changing lanes?

      And to me (and seemingly your insurance too), the red car is at fault because they should have checked there was no car in the roadway (both lanes) before exiting their car space.

      If this was a T-intersection, red car turning right out from side street and blue car was in far lane, red car needs to give way to all other vehicles in the roadway, including the blue car, regardless of lane. The reason: to anticipate that vehicles already in the roadway may change lanes. It’s the same situation, you’re just parallel, not perpendicular.

      Also claiming you couldn’t see blue because of pink is not going to work in your favour. If you don’t have clear visibility of the roadway, you shouldn’t be pulling out into it.

      • miicah on 21/06/2025 - 10:23

        the red car is at fault because they should have checked there was no car in the roadway (both lanes) before exiting their car space.

        red car needs to give way to all other vehicles in the roadway, including the blue car, regardless of lane

        So in the Brisbane CBD, where there are constantly cars in both lanes, no one would ever be able to leave a park or a driveway. If that's the rule, then fine, but I don't see how she could have possibly anticipated someone would merge into the exact spot where she was pulling out of.

        How do insurance companies judge fault when two people merge into the middle lane on a three lane road and crash? Because essentially (according to her version anyway) that's what happened.

    • Noblejoker on 20/06/2025 - 11:26

      From insurance company perspective this will likely be Both Cars At Fault
      Which means if you are the red car and you want to claim, you will pay excess and lose No Claim Bonus

  • LanceVance on 19/06/2025 - 14:47

    Did the red car come out forwards or backwards?
    Having worked in insurance they have a blanket rule that the party reversing is responsible due to the extra care they must take when reversing.

  • SYLTB on 19/06/2025 - 14:51
    +1

    No damage to the blue car as it's a Ranger.

    Which brands red and pink cars?

  • Gunnar on 19/06/2025 - 15:03
    +1

    You’re red car is at fault

  • carlJack on 19/06/2025 - 15:06

    Am i getting this right? parallel parking facing wrong side and cars are waiting on the right lane to parallel park on the right?

    • miicah on 19/06/2025 - 15:15

      I made a better MSpaint image.

      • carlJack on 19/06/2025 - 15:26

        Now it makes sense.

  • oscargamer on 19/06/2025 - 15:16
    +2

    Maybe both.

    Blue car must give way to car that is already in a lane that it is moving into.

    And red car must do the same.

    Without some definitive independent evidence, it's likely that both drivers are to blame

  • Flutterby on 19/06/2025 - 15:24
    +1

    Pink car.

    • GordonD on 19/06/2025 - 15:56
      +3

      Correct. It is an offence to double park waiting for a parking space to become available.

      https://www.drive.com.au/caradvice/we-are-all-screwed-motori…

      And this is one reason why!

      • furyou on 19/06/2025 - 22:24

        Nice. Does this mean you also can't stop to let someone on/off the car?

        And how about the obv stuff, like you stopped because there's a car stopped in front of you? Or a person jaywalking?

        • bcarp on 19/06/2025 - 23:13

          Correct, you cannot double park even briefly to let someone in or out of the car. We have been pinged for that.

          Stopping to avoid a hazard is completely different.

          • furyou on 20/06/2025 - 09:15

            @bcarp: I'm just wondering if you're following the letter of the law how do you interpret stop into avoid a hazard. Just reading that sentence in the article does not have any exceptions.

  • Euphemistic on 19/06/2025 - 15:56

    The coffee shop owner. If their coffee wasnt so good, the pink car wouldnt have wanted to park.

  • GordonD on 19/06/2025 - 16:09
    +1

    The blue car is entitled to overtake or change lanes ahead of a vehicle stationary in the other lane. Red car is at fault because it is entering the road, and so must give way to a vehicle already on the road.

    • Flutterby on 19/06/2025 - 16:38
      +1

      Blue car is on the road. Just changing lane from the one where it has parked.

  • Rally Dave on 20/06/2025 - 13:55

    "Red car pulls out and is hit on the front right bumper" Do you mean hit on the left side of the front bumper or did the red car turn around?
    Was the red car stopped when the blue car hit it? Was the red car already in the lane (assuming it was If the red car pulled out and stopped as it should have seen the blue car coming, then the blue car still hit the red car, then the blue car is at fault. Basically, who drove into who.

  • rufus001 on 20/06/2025 - 14:43

    On a related note, this is why Councils are fining people who sit waiting for a car park. They are blocking the view of the driver trying to exit. And, of course, revenue raising,

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