Trying to get a black & white answer regarding prang in a car park,Some say it's 50/50 and the insurance company doesn't seem to be any help or want to know. You drive through a car park and car starts reversing and you can't stop quickly enough to avoid them.I thought the person reversing should check that's all clear,before moving out or is it the other guy was going too fast to stop,excuse of the reverser.
pericles,
Dec 11, 11:30am
my thinking is that the reversing car, is to blame
tamarillo,
Dec 11, 11:36am
I think that because it's a car park rules of road don't apply, so prosecution and right wrong aren't relevant. If your insurance company could easily claim on theirs they would, if other is denying fault they likely realise they can't easily claim so won't. In which case you pay your excess. No proof can be found either way in your case, so I'm not surprised they say 50/50 and both of you claim on your policy. Sorry. You're screwed!
ridiculousness,
Dec 11, 11:38am
The reversing car is to blame. They need to make sure the rear of their car is clear right through the reversing process until they stop and engage a forward gear. Otherwise people would be backing into people all over the show. Only make sense really.
bjmh,
Dec 11, 11:56am
wouldn't the fact that you should be able to stop for a hazard apply,what happens if a child runs out between parked cars. this reversing situation is one reason I reckon all modern cars should have reverse lights working. at least it would give the other car park users an indication of intentions.
mohaka,
Dec 11, 12:00pm
This actually happened to a friend of mine the other day,he was the car driving through ,not the reverser.Both cars copped a fair bit of damage. I was in a situation like this some years ago,slowing reversing my car out,a couple of cars in from the entrance on a main road,a car comes in off the main road dropping to 30 km and he couldn't avoid me,scored the length of his Honda with my metal bumper,really no damage to me(good old solid mercedes).He had no way of stopping as he was going to quickly.Usually car parks have a speed limit,so if you exceed it,then you're at fault?The one my friend was in was really a township parking area off the main road-Stokes Valley-public rd really no speed restrictions
purplegoat,
Dec 11, 12:06pm
I will stick my neck out here and say it's the person driving through the carpark . You should be driving at such a speed that you can safely stop for obstacles ahead . if driving defensively you would see the reversing lights come on or the car start to reverse and be able to stop accordingly I'm based my opinion on your statement that the car driving hit the reversing car rather than vice versa
ridiculousness,
Dec 11, 12:09pm
If you mean the car trying to find a park that gets hit by the reversing car should be able to stop for a hazard, then yes you are correct but that is not what is being asked. When navigating a car park it is easy to end up in a position where a car wants to reverse out of a park spot but you are in the way, you may be sandwiched in and can't move until the car in front moves off, therefore the reversing car needs to wait until it is clear. It's not hard to see what is behind you and to keep checking. I realise some people might not be as flexible as others and so watching the rear while reversing is near impossible. Those people should not be driving fullstop.
mohaka,
Dec 11, 12:11pm
Not much you can do,when someone reverses into you,only swerve to try and avoid.Got to take reaction time and stopping distance into consideration as distances are small,compared to being on the open road. As this was part of public road,then road rules apply-ie like reversing into oncoming traffic on a road,I thought
tweake,
Dec 11, 12:29pm
a mate had this not long back. basically the insurance co regards it as been to hard to work out (and work out who is lying) so both are considered at fault. each person fixes their own.
mrfxit,
Dec 11, 12:37pm
Don't ask me to find the exact reg but, it's the fault of the person reversing. Have seen the arguments a few times & others have found the regs plus insurance companys have told me the same thing.
Totally unfair but if you are reversing "any where" on a public road & someone chooses to drive on past at the same time, it's always treated as the reversing vehicles fault. Same for running over someone while reversing, regardless of them disregarding the fact that you were clearly reversing at the time.
The only way to contest this is apparently in court & you would have to prove beyond doubt that they intended to hit you or allow you to hit them or total disregard for safety & common sense by placing their own vehicle in such a way the you could NOT have avoided them by stopping reversing.
Interesting technical point to muddy things up a bit more is that if you HAD been reversing but at that few moments before the prang, had stopped reversing (no revers lights on) & started to move forward, then theres a good chance they will have to pay for damages
mrfxit,
Dec 11, 12:39pm
Yep thats pretty much how it is when theres a combo of equal damage & no clear or reliable witness's.
mrfxit,
Dec 11, 12:40pm
Most reversing "accidents" are within carparks & mostly supermarket carparks
mohaka,
Dec 11, 12:51pm
New development-friend told me he heard back from cop,as he reported accident-was on a public road,other driver did not.Other person at fault(reverser).
ree6,
Dec 11, 2:16pm
A carpark is a road; usual rules apply.
dublo,
Dec 11, 2:22pm
I was reversing slowly out of an angle parking bay in a CBD street, looking over left shoulder to watch for vehicles to which I would have to give way. Just in time I saw out of the corner of my eye a 4WD diving across from the other side of the road and into the parking bay alongside, on my left. I suggested that next time he does that he should blow his horn to alert me. He said he didn't see me reversing. And it would have been "my fault" if I had backed into him. Two lessons there: 1: Have 360 degree vision like flies so you can see in all directions at once. 2: If you have the right of way don't take it until you have ensured that the other driver knows you are there and what you are doing.
bitsy_boffin,
Dec 11, 2:31pm
Actually, car parks for the public to use, are indeed roads for enforcement purposes.
If the public have access, by right or not, it's a road under the Land Transport Act. The courts have tempered this a bit by taking the view that it must be shown that the public, besides being ABLE to use it, DO indeed use it.
So a shopping mall car park, under the Land Transport Act, is a road.
Your driveway is almost a road, if the public used it commonly (eg a share driveway with a business) then it is a road.
A private carpark for staff is not a road because the general public can't and don't use it, except if you get lax with your parking enforcement and the general public start using it because they can get away with it, then it is a road.
mrfxit,
Dec 11, 2:32pm
Yep been nearly caught like that a few times & with the walking dead
craigsmith,
Dec 11, 3:26pm
Reversing isn't enough to make you at fault, there are situations where it's not so black and white. What about reversing back into a parallel park and some dolt drives into the same area forwards, from behind, and you hit each other both still moving.
That's a curious example. It seems to me there are two stages of his maneuver: 1) where is making the right-turn across the road, and 2) where he is moving off the road into the park.
If he cut across your reversing car and hit it during #1, I'd say he's in the wrong; but if you reverse into him during #2, I'd have to say that's your fault - but you would obviously see him go across behind you as you are looking there anyway.
So it would depend I suppose on where which car hit what, a dent on your left rear and his right side would look bad for you, but obviously his front right corner into your rear or right side bad for him.
socram,
Dec 11, 3:32pm
I'm with purplegoat here. I'm extremely aware driving through a car park, especially indoor parks, that cars reversing, often cannot see traffic approaching. Most reverse fairly slowly anyway. If travelling through and someone has their reversing lights on, I either let them out or have the hand over the horn. It is called defensive driving. If you can't stop within a couple of metres, you are probably driving too quickly for that location and conditions.
lookoutas,
Dec 11, 3:37pm
Being that the driver going forward has the best view, wouldn't it be prudent to treat 'backer' as stupid/unveiwed, and just give a little room?
ozz1,
Dec 11, 4:21pm
agree. with both purplegoat and socram. take care with your own car. and be aware of other idiots.
marte,
Dec 11, 4:36pm
I was wondering about this.
My driving instructor taught me to back into car parks. They also mentioned that "As I am backing, I have the reverse lights on as well as indicators".
So basicly I am indicating twice, or in 2 different ways. So its obvious. BUT, thats in that situation, to someone who is directly behind me.
gunhand,
Dec 11, 5:17pm
Interesting. How many situations on the road (or public access) where an accident happens is the reversing car NOT at fault? Other situation mentioned above. Car hits car in rear while going forward, Car going forward failed to stop short. Car reversing into park gets hit in rear by car going forward into park, Looks like both at fault but I would blame the numpty going forward myself. What retard couldn't see are car backing into the same park, and odds are he was there first. In the OPs situation the collision would be a corner rear or rear gaurd not full rear ender.
marte,
Dec 11, 5:55pm
#26 I think you are supposed to back into a car parking spot. Unless theres a real reason not too, like theres 3 or 4 in a row thats not being used and theres no cars backing in anyway. But backing in gives you two indicators of parking. Just using indicators could mean anything, like getting ready to turn left at the corner. Trying to park in a one spot carpark by going in forwards is a real mess, all this back and forwards untill the cars in there. Backing in its just drive back, steer twice, drive forward a bit to even up the gaps and straighten the steering wheel.
People who try and drive forwards into a single carpark space most probably get taught by their mother, who got taught by her mother, who got taught by her mother, to drive a horse and cart. You cannot reverse park a horse and cart.
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