Car park collision

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Fri 7 Mar 2008 11:06
Car park collision - mad un
Hi all. I had an annoying bump in an 'outlet' type car park last weekend. I was by myself and trying to ease out from the side of a parked white van which had reduced my visibility to zero. I had parked nose in, and had no option to drive forward. As I crept back, I felt a bump and saw a flash of red. A car had swiped across my back end, with the collision starting at his rear offside door. The damage was a slight crease in the door, scuffed paintwork and a crack to the plastic insert. My bumper suffered scuffed paint. We exchanged numbers with a view to possibly sorting it out without insurance. But his repair quote is half a grand!

I initially assumed it was my fault, but is this the case? Most cars backing out (and nosing out for that matter) of car parking slots are at least half blind and hoping other cars spot them before they are able to see properly themselves. So is there not a duty of car on the drivers doing the 'finding a slot circuit' to watch out for this. I want to be fair on the bloke, but fair to myself as well.

Anyone know the rules?

Thanks

Martin
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Fri 7 Mar 2008 11:10
Car park collision - leef
Taking a guess, but I'm thinking it's your fault, you've technically reversed into his path. Not 100% on this though.

Lee
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Fri 7 Mar 2008 11:19
Car park collision - adverse camber
how far beyond the van was your back end when he hit? how fast were you moving?

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Fri 7 Mar 2008 11:25
Car park collision - ForumNeedsModerating
I take the view it was his fault - but insurance co. may think differently. Are you thinking of setting it against insurance?

I think his fault because: he had full visibility, your only option was to edge out (I'm assuming you were very slow & cautious!) . An incoming driver looking for a space should reasonably expect 'nose-in' parked cars to be reversing with restricted visibility - so should drive with extreme caution. It's impossible to prove without witnesses, so imagine an ins. co. would be 'knock-for-knock'.

If you're going 'private', put this reasonong to him. His quote to you may well reduce if he thinks he may lose NCB too if you report to ins. co.

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Fri 7 Mar 2008 11:34
Car park collision - normd2
I was hit in a car-park too some years ago - the insurers took the view that as the damage was to the rear quarter of my car the person reversing should have seen me passing and stopped coming out; I received full repair costs and no loss of NCB. I guess if the damage had been towards the front end of my car they would have blamed me? There are a couple of car parks I will not use because the lanes are so narrow this sort of collision is almost inevitable.
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Fri 7 Mar 2008 11:34
Car park collision - FotheringtonThomas
I initially assumed it was my fault but is this the case?


Yes.
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Fri 7 Mar 2008 11:53
Car park collision - Round The Bend
I'd say mostly your fault say 85%. After all - you drove into him not the other way round.

That having been said, I have a lot of sympathy for you. We've all been there with nil visiability due to a white van or Chelsea tractor parking along side.
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Fri 7 Mar 2008 12:04
Car park collision - movilogo
By rulebook it is always the reversing car is at fault.

BTW, which car it was? £500 for this small repair seems a lot!
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Fri 7 Mar 2008 12:06
Car park collision - FotheringtonThomas
£500 for this small repair seems a lot!


If it's creased a panel or two, it could be a lot of work!
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Fri 7 Mar 2008 12:16
Car park collision - Tron
This is the reason why I always reverse in, drive out and then load the car up.

Far safer (for you and your car) and even easier to park further away from an entry to the building - you get a lot less traffic at the rear of carparks as people are just far to lazy to walk a few hundred metres extra....






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Fri 7 Mar 2008 12:23
Car park collision - zookeeper
if he swiped across you then the only reason he could do so is if you pulled out, its your fault
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Fri 7 Mar 2008 15:13
Car park collision - Dwight Van Driver
Look at this way to establish blame. Who is doing the unusual manouvre.

Mad un.

Blame lies with him unless it can be shown that the car crossing his rear bow could see him emerging, which the van would block.

Interesting in the High Court case O'Connel v Fraser[1963] it reluctantly upheld a conviction of a motorist that edged from a park onto a road when his view was obstructed by parked vehicles.

Cost of repair quoted seems about right. I had an altercation with my wheelie bin and dragged the lip across the rear door. Small scruff and a minorest of dent. Hardly visible but annoying because I know it was there. Over £200 at a body shop.

dvd
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Sun 25 May 2008 14:59
Car park collision - johnreeves
Ask car park owners for any CCTV coverage of "bump". If it shows him going at speed put this to him. Its amazing how much you can see from CCTV. I had similar incident and proved the other driver to be speeding, on mobile and drinking from a can when he hit me. The insurers i may add were holding me 100% until i got the film.
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Sun 25 May 2008 15:14
Car park collision - Doc
After all - you drove into him not
the other way round.

I'm sorry, but it must be you at fault.
If the other vehicle was parked, would you still feel that they were partly to blame?

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Sun 25 May 2008 16:44
Car park collision - Hamsafar
Unfortunately, if you drive blind, it is always your fault.
It's unfair as you are caught between the devil and the deep blue sea.
In future, if you reserve in, at least you can survey the area BEFORE the parking manoeuvre, rather than reversing out which has restricted visibility. Also, you could pip the horn as you reverse.
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