Who at fault reversing out of car park space and car hits rear side of my car?

marylou123 · 02-01-2012 10:39PM #1

I WAS EDGING OUT OF A CAR PARKING SPACE AT TWO MILES ON HOUR, I WAS ALMOST OUT AND PASSED TH HALFWAY MARK ON THE ROAD AND ON THE OTHER SIDE OF THE CAR LANE WHEN I FELT A BUMP. I THOUGHT IT WAS MY FAULT AND I HAD HIT PASSING TRAFFIC BUT WHEN I GOT OUT OF THE CAR I REALISED THAT THE MIDDLE OF FRONT OF HER BUMPER HAD HIT THE REAR SIDE OF MY CAR . THERE WAS NO DAMAGE TO MY CAR BUT SMALL PAINT SCRATCHES TO HERS. sHE RECKONS I'M AT FAULT CAUSE SHE HAS RIGHT OF WAY BUT I THINK SHE SHOULD OF SEEN ME BEING OUT THAT FAR CAN ANYONE GIVE MR ADVICE AS TO WHO IS AT FAULT

L1011 · 02-01-2012 10:43PM

You drove (reversed) in to another car which was on the road. Your fault.

02-01-2012 10:45PM

You never have right of way when reversing. You were at fault.

ThePower11 · 02-01-2012 10:46PM

The other driver is correct, she has right of way therefore its your fault OP.

cala · 02-01-2012 10:50PM

i would say the other driver was at fault, as you were completing a reversing manouver. and as you were in the centre of the road ,they were obliged to give way to you

Alanstrainor · 02-01-2012 10:53PM

Deleted User wrote: »

You never have right of way when reversing. You were at fault.

+1

Reversing vehicle has no right of way. Sorry OP.

And by the way, the ALL CAPS POST is frowned upon in pretty much every forum.

Cedrus · 02-01-2012 10:55PM

The driver on the road has right of way. You might have a chance if you were pulling forwards out of the parking space, better still if she had just careened around a corner, but reversing into a carriageway, your fault. The two insurance companies might decide to share responsibility if they think that she was negligent in not seeing you.

challengemaster · 02-01-2012 10:56PM

cala wrote: »

i would say the other driver was at fault, as you were completing a reversing manouver. and as you were in the centre of the road ,they were obliged to give way to you

This is completely wrong, and quite frankly I'm worried if you've completed a driving test.

02-01-2012 10:58PM

Conceptually, I'd struggle to see why she couldn't stop, so she was either going too fast or not watching where she was going. If she's being a pain in the arse it might well be worth going the insurance route, if she only wants a small sum for a smart repair I'd be incline to pay it.

As said though, she had right of way, still though, she still had use of her brakes.

02-01-2012 11:01PM

legally and liability wise, she had right of way and it's your fault

in practise, i would expect someone to have the cop on to stop when they see a reversing car
but that doesn't make any difference for liability as i said so... sorry

Victor · 02-01-2012 11:03PM

RoverJames wrote: »

Conceptually, I'd struggle to see why she couldn't stop, so she was either going too fast or not watching where she was going.

When the other vehicle is doing "TWO MILES ON HOUR" it can be difficult to spot the movement.

marylou123 · 02-01-2012 11:07PM

It was in a car park and she did just come from around a corner when i asked did she not see me she said she honked which she didn't but still kept driving. when security came to the scene they seen where cars were parked and pulled me aside and said she pulling a fast one that it looked like she wasn't watching where she was going as she was refusing to give me her insurance details

L1011 · 02-01-2012 11:09PM

marylou123 wrote: »

It was in a car park and she did just come from around a corner when i asked did she not see me she said she honked which she didn't but still kept driving. when security came to the scene they seen where cars were parked and pulled me aside and said she pulling a fast one that it looked like she wasn't watching where she was going as she was refusing to give me her insurance details

Defensive reasoning.

You have no right of way when reversing, you drove in to traffic which had right of way.

colm_mcm · 02-01-2012 11:11PM

did anyone call the cops or ask to see security footage from the car park?

you're at fault by the sounds of it anyway.

cala · 02-01-2012 11:12PM

she should have given way to you.as she hit your car she must have been going too fast

L1011 · 02-01-2012 11:16PM

cala wrote: »

she should have given way to you.as she hit your car she must have been going too fast

She had no obligation to give way, and hence her speed is irrelevant.

If you drive in to someone who has right of way you are inherently at fault.

marylou123 · 02-01-2012 11:19PM

when we went to report it to cops she went very quite and didn't say anything when I said she came from a corner and hit me while reversing. I had to do all the talking but i have arranged to meet the copper to explain that i want cctv viewed as i spoke to friends and they have advised me not to accept liability that she is as much to blame once the front of her car hits back or side of you as you are already out.

L1011 · 02-01-2012 11:20PM

marylou123 wrote: »

when we went to report it to cops she went very quite and didn't say anything when I said she came from a corner and hit me while reversing. I had to do all the talking but i have arranged to meet the copper to explain that i want cctv viewed as i spoke to friends and they have advised me not to accept liability that she is as much to blame once the front of her car hits back or side of you as you are already out.

Look, you're trying to convince yourself that you're not liable here and nobody else. Did you come on here to ask for advice or to attempt to reinforce your own belief? You don't appear to have actually taken any of the responses on board.

alias no.9 · 02-01-2012 11:21PM

Can you have right of way through another car? There's a point at which a reversing car is in possession of the road rather than competing to enter it and right of way doesn't really come into it, they're an obstruction, but no more than traffic stopped in front of you, you can't just drive into someone whos an obstruction claiming right of way. I don't think this is as clear cut as people saying about being at fault because of being reversing. OP, I hope you got photos of the position of both cars immediately afterwards because I think this is key.

Voodoomelon · 02-01-2012 11:22PM

In another instance, if the OP was stationary in the middle of the road, ie cut out, broken down etc, who's fault would it be then? At what point does the other unobservant driver become any way liable?

02-01-2012 11:23PM

Victor wrote: »

When the other vehicle is doing "TWO MILES ON HOUR" it can be difficult to spot the movement.

Well applying that logic the OP appeared as stationary, so the other person must be blind.

Anyway, it would appear the other party may not be insured.............

ZENER · 02-01-2012 11:24PM

Probably irrelevant but I wonder did she even have Insurance or even a Full License ? Maybe that's why she was cagey about exchanging details ?

It's a completely separate offense and doesn't null the fact that you were at fault but might make her more flexible when it comes to negotiating damages if you suggest it to her.

Ken

02-01-2012 11:25PM

If a driver doesn't have any leg to stand on if they are reversing out of the space, at what stage of the manoeuvre would the car reversing not be at fault in the event of a crash?

Would they have to be completely out and horizontal to the space they reversed out of, because if the person on the road has right of way you would be all day getting out of a car space in some car parks?

02-01-2012 11:25PM

marylou123 wrote: »

when we went to report it to cops she went very quite and didn't say anything when I said she came from a corner and hit me while reversing. I had to do all the talking but i have arranged to meet the copper to explain that i want cctv viewed as i spoke to friends and they have advised me not to accept liability that she is as much to blame once the front of her car hits back or side of you as you are already out.

You might not accept liability but if she goes to your insurance company they will automatically accept liability. The bottom line is you must always yield to other traffic when reversing. It's as black and white as that I'm afraid. As bluewolf said, it's possible that she should have seen you and stopped but unfortunately for you she didn't and as far as an insurance company would be concerned, you're at fault.

marylou123 · 02-01-2012 11:30PM

The security guard took note of how the cars were parked and said he would go as witness if insurance or gardai needed info

ZENER · 02-01-2012 11:31PM

Did the other driver provide her insurance details to the Gardaí ? If so then you could always counterclaim and see where you get with it. If she didn't then request the Gardaí to get them for you so you can do this. Be interesting to see what happens.

Ken

02-01-2012 11:33PM

ZENER wrote: »

Did the other driver provide her insurance details to the Gardaí ? If so then you could always counterclaim and see where you get with it. If she didn't then request the Gardaí to get them for you so you can do this. Be interesting to see what happens.

Ken

The Gardai are I believe responsible to ensure insurance details as required are exchanged at the scene of an incident, I wouldn't imagine they are responsible for getting them for folk after the event

ZENER · 02-01-2012 11:39PM

RoverJames wrote: »

The Gardai are I believe responsible to ensure insurance details as required are exchanged at the scene of an incident, I wouldn't imagine they are responsible for getting them for folk after the event

But didn't the other driver refuse to provide them ? What does the OP do in such a situation ?

Ken

Anan1 · 02-01-2012 11:42PM

ZENER wrote: »

But didn't the other driver refuse to provide them ? What does the OP do in such a situation ?

Ken

Read them off her windscreen. If that's not possible then take a note of her reg and inform the Gardaí.

02-01-2012 11:43PM

ZENER wrote: »

But didn't the other driver refuse to provide them ? What does the OP do in such a situation ?

Ken

Should have mentioned that to the Garda at the time really I would think

Cristoirde · 02-01-2012 11:46PM

All insurance companies will side with the other person, you have to reverse into a parking space and drive out.

Who at fault reversing out of car park space and car hits rear side of my car?

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