VIC Insurance claim - who is at fault? Reversing cars

[MSnap]

Hi all,

So this is what happened:

It's a clear sunny day, 2:30pm on a weekday. I am after a parking spot at a medical clinic so I turn into the driveway of the car park. There are no available spots on closer inspection. What else is there to do but exit the car park. There is no room to manoeuvre my car around and exit front first. So I check my surroundings - no pedestrians, no cars around waiting to enter the driveway - and proceed to very slowly reverse out of the driveway. I get nearly to the end of the driveway (my rear end is on the footpath) and feel a bang. I get out and inspect.

Another car has reversed into my rear. I ask him, "What were you doing there?" He says "I reversed in, off the street." We exchange details and take off. My insurance tells me I was already established in the driveway and I was not at fault and to tell him to talk to his insurance. He isn't happy with this. I sent his insurance my version of events after they texted me and hear nothing until today. 3 months later. Claiming it's a final letter and I need to pay up.

As it's three months later I don't have any video footage to provide either.

In what scenario is it OK to reverse your car from the main street into a public car park?

Here's a pic from the day. I have the white car.

Thoughts? Please be kind. My head wants to explode. Thanks in advance.

 

[Zerojay]

Hello MSnap,

My first thought is that if you have not yet lodged a claim, then do so and let your insurer deal with it. I assume, from the photo, you have no damage but it may end up costing you your excess if your insurer loses the argument or maybe settles 50% - both reversing and both not seeing the other vehicle.
The scenario where it is okay to reverse into a public carpark is when it is safe to do so - the same scenario as when it is okay for you to reverse out of a carpark.
It seems the impact occurred on a "road related area". Suggest you and your insurer have a look at Vic Road Rule 75 and how this rule may affect your liability in the accident circumstances. I could give you my lay opinion but that would not be appropriate on this forum.

I do not give legal advice, just my opinion based on over 20 years experience working for an insurance company. (now retired)

Good luck.

 

[MSnap]

Hello MSnap,

My first thought is that if you have not yet lodged a claim, then do so and let your insurer deal with it. I assume, from the photo, you have no damage but it may end up costing you your excess if your insurer loses the argument or maybe settles 50% - both reversing and both not seeing the other vehicle.
The scenario where it is okay to reverse into a public carpark is when it is safe to do so - the same scenario as when it is okay for you to reverse out of a carpark.
It seems the impact occurred on a "road related area". Suggest you and your insurer have a look at Vic Road Rule 75 and how this rule may affect your liability in the accident circumstances. I could give you my lay opinion but that would not be appropriate on this forum.

I do not give legal advice, just my opinion based on over 20 years experience working for an insurance company. (now retired)

Good luck.

Hi Zerojay,
Thanks for your time and advice.
MSnap

 

[ArmandoMyers]

From what you've described, it sounds like it’s one of those tricky situations where both sides might have some responsibility. When reversing, you’re supposed to give way to other cars, but since you were already in the driveway and trying to exit slowly, I can see how things can get complicated. You must check for pedestrians and other cars, which is a good step.Honestly, it could be worth talking to an auto accident attorney to get a clearer picture of where the fault lies. You could contact someone like a hawthorne auto accident attorney to guide you through the process and make sure you’re covered.