NSW Car Park Accident - Who is at Fault?

[Lorraine-Lee]

Car A was reversing out of a car space in a car park when Car B drove in behind Car A. Car A touched Car B.

Who is at fault? Car A for reversing and touching Car B or Car B who pulled up behind car A while he was clearly reversing?

 

[Lance]

Hi,

It sounds like it could be a case of equal liability. The factors that would need to be considered are the rate at which Car A was reversing, is it reasonable to expect that Car B should have seen Car A reversing, the speed Car B was travelling through the car park.

Most of the time in these situations if its similar damage and equal liability you agree to share the damage bill or look after you own car.

 

[@thelawbundle]

Hi Lorraine-Lee,

I agree with Lance.

What is important to consider here is which party was negligent by failing to keep a proper lookout. It sounds as if both drivers failed to keep a proper lookout.

The next important step is to consider the degree of contribution to the accident - and from what you've said it seems to be 50/50 (that is: neither driver was more negligent than the other in failing to keep a proper lookout).

Accordingly, it would be appropriate for any damage bill to be halved. And so the solutions that Lance has suggested are good, practical ways to resolve this issue without it needing to go any further.

Hope that helps.

 

[Lorraine-Lee]

Thank you both for your help with this. I failed to understand that Car A caused damage to Car B as there is not a scratch on Car A indicating that the minor damage to Car B might already have been there or is very minor. The Insurance company is trying to make the driver of Car A pay for all damage to Car B.

 

[Victoria S]

May depend on whether one car had stopped prior to impact (and the other car continued) or if both parties were moving at the time of impact.