NSW Parking Lot Accident - who is at fault?

[Cate.]

Hi,

In short, my car was parked legally, within the designated carpark lane, next to another legally parked car. Both cars were parked and not moving. I opened the back passenger door to load my child into the car and while the door was open, being attended to by me placing my child into the car, the other driver started to drive off and she caught my open door with either the side of her car or rear door handle, dragging my door along her rear driver side door and causing my rear door to jam open.

No claims have been made yet but I'm just wondering if she is more at fault because she was pulling out/moving and didn't check that my door was open or if I am more at fault just for having my door open in a parking lot or if it is both of us to a degree?

Thank you for your help.

 

[Tim W]

In insurance-think, the moving car is, as a starting point, presumed to be at fault.
That said, facts, circumstances, and evidence can displace that presumption.

In any event, you should probably expect to pay an excess on your own policy.