reversed into in car park, who's to blame

murphm45

Hi,

Sorry about this folks but hopefully someone will be able to help me out. Ii was in the shops earlier and on my way out of the car park someone reversing out of there space hit me. He was adamant i was speeding (apparently it is a 5 mile an an hour zone but there's no signs anywhere, and i couldn't have been doing any more tha 20kph, if even that, I only pulled out 20 yards away) and as a result i'm to blame but the problem is as far as i can see that doesn't really tie. The rear bumper on the driver side of his car hit my rear wheel arch, so as far as i can see he had ample time to stop and as a result he hit me. I can't really see any damage to either car (i'm convinvinced a good wash will 'fix' them both), It also says on the rules of the road website that in revering safely, "Give way to other traffic or pedestrians.". Any one any idea if there's any legal rules on this?

I've asked someone about this and they said that I'm right and that if he call looking for money for repairs to tell him to shove it (i've cleaned it up slightly!), but i'm worried that if i do he'll just claim on my insurance. Anyone any ideas what i can do? i have photos of the car and there appears to be no damage, but how 'reliable' are photos considered.

I'm sure someone will be able to help me, so any help would be greatly appreciate.

Thanks

johnos1984

As I read it the other driver is to blame.

He reversed into a vehicle moving on the main driving lane/passageway in the car park.

I hope you have his reg number to get your damage sorted out.

He's to blame.

He backed into you, end of story.

murphm45

Thanks John thats what i though, at least i'm not the only one.

I have his reg and his number but as i said beyond washing my car there's nothing wrong (as i said i'm sure his situation is similar), I'm just worried as to what i can do if he decides to claim on my insurance, anyone any ideas?

Ken.

Did ye exchange insurance details?

theteal

Generally I would think that the driver reversing out of a parking space should be super careful and be trying his/her best to be aware of everything going on around

I can't help but question. . .if he hit your rear wheel while you were passing. . .how fast were you going or how terrible is the other driver's reaction/observation????

johnos1984

murphm45 wrote: »

I have his reg and his number but as i said beyond washing my car there's nothing wrong (as i said i'm sure his situation is similar), I'm just worried as to what i can do if he decides to claim on my insurance, anyone any ideas?

Call your insurance company in the morning and don't delay.

Give them a full description of what happened and what was said and any other details which you have.

If you don't want to claim tell them and let them know you have pictures showing no damage to the other car. You're obliged to report it, I've done it in the past if I've been hit and no damaged caused just in case the other person decided later on to try and claim

murphm45

lucyfur09 wrote: »

Did ye exchange insurance details?

I got his reg, name and phone number (and he did the same) but I never gave him my details, that said he might have read it off the disc. I didn't get any details but he kept asking me if i was insured?

Thanks for all the replys folks

johnos1984

murphm45 wrote: »

I got his reg, name and phone number (and he did the same) but I never gave him my details, that said he might have read it off the disc. I didn't get any details but he kept asking me if i was insured?

Once you have his reg number your insurance company will contact his insurer if he has any.

Not you fault so I wouldn't worry about it.

It would be like him reversing on to a main road and 'clipping' your car as you drive by

murphm45

theteal wrote: »

Generally I would think that the driver reversing out of a parking space should be super careful and be trying his/her best to be aware of everything going on around

I can't help but question. . .if he hit your rear wheel while you were passing. . .how fast were you going or how terrible is the other driver's reaction/observation????

Genuinely, I couldn't have been going that fast (i don't have a ferrari!) and like i said i'd only pulled out a few yards up the road, max 6 space.

eor123

your definatly not at fault so no need to worry in the slightest!

murphm45

Thanks for all the replys folks, I really really appreciate it.

To be honest i've been a bag of nerves the last few hours.

Thanks

beanie10

Make sure you ring your insurance company in the morning, cover your own ass.

murphm45

beanie10 wrote: »

Make sure you ring your insurance company in the morning, cover your own ass.

Will do, thanks.

OldmanMondeo

Had a similar thing happen me a few years ago, I drove out of my space, as I
reversed in and another guy was reversing out, I stopped to let him out, but he speed up and hit the front of me. But he admit it was his fault for reversing and he got my car fixed.

OP, it is the others guys fault. If your happy to let it go then tell him that, but if he wants to claim, then counter claim, he will lose.

murphm45

OldmanMondeo wrote: »

OP, it is the others guys fault. If your happy to let it go then tell him that, but if he wants to claim, then counter claim, he will lose.

Thanks but the problem he's adamant it's my fault (he said it was a 5 mph zone, which is BS as far as I'm concerned, i was speeding and he didn't have a chance to react), and there's no damage to my car so i can't see how i can counter claim.

I'm disgusted i didn't call the Gardai they would have told him where to shove it!

Vertakill

murphm45 wrote: »

Thanks but the problem he's adamant it's my fault (he said it was a 5 mph zone, which is BS as far as I'm concerned, i was speeding and he didn't have a chance to react), and there's no damage to my car so i can't see how i can counter claim.

I'm disgusted i didn't call the Gardai they would have told him where to shove it!

He's probably going on the offensive because he knows he made a mistake.
Either that or he's actually stupid enough to think he's in the right.

Even if you were going 90mph in the car park, his primary concern, while reversing, was to ensure the road was clear before he reversed out - it wasn't, and since he has to give way to the traffic already moving (moving forward that is!), he's always in the wrong.

The reversing car is nearly always in the wrong in these situations.

Best of luck with it though and make sure you contact your insurance company as soon as possible to get your story across.
Be clear, concise and honest and you should be fine.

murphm45

Vertakill wrote: »

He's probably going on the offensive because he knows he made a mistake.
Either that or he's actually stupid enough to think he's in the right.

Even if you were going 90mph in the car park, his primary concern, while reversing, was to ensure the road was clear before he reversed out - it wasn't, and since he has to give way to the traffic already moving (moving forward that is!), he's always in the wrong.

The reversing car is nearly always in the wrong in these situations.

Best of luck with it though and make sure you contact your insurance company as soon as possible to get your story across.
Be clear, concise and honest and you should be fine.

To be honest it think it's the later rather than the former, sounds horrible i know but he was a bit of a tool. Hopefully his wife will bring him too his senses (I think I was her who had him talk me out of calling the gardai, i'm still annoyed over that)

Thanks, i'll give them a ring at 9 in the morning as see what they say.

Thanks again.

THENORTHSIDER

If it was in the car park area of the shop the guards might notget involved as it wasn't a public highway.

murphm45

THENORTHSIDER wrote: »

If it was in the car park area of the shop the guards might notget involved as it wasn't a public highway.

Fair point, i never thought of that, but surely if insurance claims can be registered they must be some for of jurisdiction, but i suppose the Gardai do have bigger problem.

Hopefully common sense will prevail but thanks again for all your help.

JabbaTheHut

I'm thinking, if it's a private car park( like Tesco, for example) I don't think any speed limit would hold up in court. I may be wrong. However, it IS his fault, as the onus is on him when reversing, to make sure he is not reversing out on top of someone. In fact, even if he was driving out, and he hit you, he would still be wrong.

From what you are saying, it sounds lik he was using the attack-is-the-best-form-of-defence stance. If there was any damage done to your car, he can be made to pay. Don't take any crap off a guy like that. Chancer.

Lex Luthor

anyone reversing out of a car park space should be extra vigilent of passing traffic. Thats why I always reverse in

they are in the wrong. No doubt

any cctv footage available if it was in a car park?

Patrick2010

JabbaTheHut wrote: »

I'm thinking, if it's a private car park( like Tesco, for example) I don't think any speed limit would hold up in court. I may be wrong. However, it IS his fault, as the onus is on him when reversing, to make sure he is not reversing out on top of someone. In fact, even if he was driving out, and he hit you, he would still be wrong.

From what you are saying, it sounds lik he was using the attack-is-the-best-form-of-defence stance. If there was any damage done to your car, he can be made to pay. Don't take any crap off a guy like that. Chancer.

Don't think its as cut and dried as that, otherwise someone can drive around a car park at 50 mph and any accident wouldn't be their fault. I know in my local Tesco (Rathfarnham) I'm very careful driving (around 5 mph) as someone is always reversing out and visibility can be limited.
On the other hand I see drivers driving as if they're on the public road, doing 15 - 20 mph.
Did the OP notice the other car reversing out but continued anyway?

_Kaiser_

Lex Luthor wrote: »

anyone reversing out of a car park space should be extra vigilent of passing traffic. Thats why I always reverse in

Ditto. If necessary I'll find a spot near the edge of the carpark where I can reverse in, but stories like this are exactly why I do it.

My Passat is a big enough car and a pain to reverse anyway at times and worse again at night as only one reversing light means you can't see anything half the time.

Anyway in my opinion the other driver is at fault here as regardless of speeds or whatever he's claiming (is "5 mph" even a legal limit?) he was reversing out from a parked position onto a carriageway. If anything more comes of it make sure you don't accept liability.

murphm45

Patrick2010 wrote: »

Don't think its as cut and dried as that, otherwise someone can drive around a car park at 50 mph and any accident wouldn't be their fault. I know in my local Tesco (Rathfarnham) I'm very careful driving (around 5 mph) as someone is always reversing out and visibility can be limited.
On the other hand I see drivers driving as if they're on the public road, doing 15 - 20 mph.
Did the OP notice the other car reversing out but continued anyway?

No didn't see him at all, until it was too late that is! As i said before i only pulled out a few yards up the road max 6 spaces so i can't have built up speed that fast.

Anyway thanks again for all the replies folks, i rang my insurer first thing this morning. I explained what had happened (i.e driving out and a person reversing out of a space and the cars brushed against each other) and the guy i was talking to asked me if the other party had admitted liability, when i said no and that they siad i was liable you could nearly hear his jaw hit the floor, and he responded with a comment like "How could it possibly be your fault". Anyway i told him that it was the passanger side rear wheel arch that was hit and he said i definitely wasn't at fault (he said that i couldn't have hit him as I was nearly past him when he hit me) and that should any claim arise they would be disputing it. This was in line with what i though myself and what anyone else i told about the incident though.

Thanks again for all the help folks. As i said before hopefully common sense will prevail and the guy will realise that he's lucky i'm not claiming and maybe be more careful in future.

kbell

Same happened to me last year, driving into car park and a car driven by a little old lady reversed out from the left and hit the front passenger side of my van around the wheel and arch.
I had a bit of damage but she lost number plate and a good bit of bumper.
She got out and had a look and said, "the thing mustn't be working", what thing i replied..?? "the thing that beeps to warn you when you're reversing out"
I quickly gathered that she reverses using the parking sensors in her car, and doesn't look around her.
She then phoned her son, who promptly arrived and proceeded to blame me for the incident.
Anyway, got it sorted in the end, but i'd advise involving the guards and insurance even if theres a mutual agreement to settle and liability is admitted by one of the parties.

OldmanMondeo

murphm45 wrote: »

No didn't see him at all, until it was too late that is! As i said before i only pulled out a few yards up the road max 6 spaces so i can't have built up speed that fast.

Anyway thanks again for all the replies folks, i rang my insurer first thing this morning. I explained what had happened (i.e driving out and a person reversing out of a space and the cars brushed against each other) and the guy i was talking to asked me if the other party had admitted liability, when i said no and that they siad i was liable you could nearly hear his jaw hit the floor, and he responded with a comment like "How could it possibly be your fault". Anyway i told him that it was the passanger side rear wheel arch that was hit and he said i definitely wasn't at fault (he said that i couldn't have hit him as I was nearly past him when he hit me) and that should any claim arise they would be disputing it. This was in line with what i though myself and what anyone else i told about the incident though.

Thanks again for all the help folks. As i said before hopefully common sense will prevail and the guy will realise that he's lucky i'm not claiming and maybe be more careful in future.

You have done the right thing. If the other guy calls, tell him to contact your insurance. They should sort it out.

murphm45

kbell wrote: »

Same happened to me last year, driving into car park and a car driven by a little old lady reversed out from the left and hit the front passenger side of my van around the wheel and arch.
I had a bit of damage but she lost number plate and a good bit of bumper.
She got out and had a look and said, "the thing mustn't be working", what thing i replied..?? "the thing that beeps to warn you when you're reversing out"
I quickly gathered that she reverses using the parking sensors in her car, and doesn't look around her.
She then phoned her son, who promptly arrived and proceeded to blame me for the incident.
Anyway, got it sorted in the end, but i'd advise involving the guards and insurance even if theres a mutual agreement to settle and liability is admitted by one of the parties.

Sorry to hear about your accident, but glad to hear you got it sorted in the end. Thanks for the advice, i gave the guards a ring this morning before i rang the insurance company and they advised me there was nothing they could do, they couldn't take half a statement after the event and they could do anything over the phone anyway, both of which are fair enough. He also said even if they were involved it would just involve them ensuring details were exchanged, they wouldn't do any analysis or anything (i wasn't expecting CSI to arrive or anything just satisfying my obligation as per the rules of the road). He did however say if there are any problems to contact them.

Thanks too OldmanMondeo. if he rings to do anything but apologise (which to be fair i think i'm do, not much an i'm sorry for being an abnoxious dick will do) i've every intention of telling him to shove off and contact his insurer, they can liase with mine.