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Golf tdi - reverse prang - whos fault?? - redkat

I was leaving work today and intending to follow a friend to a meeting. We were both parked in the work car park, she was further from the exit than me so i sat and waited for her to pass before i pulled out. As i was waiting i saw a white van pass behind the car which was parked in front of me (essentially the car park consists of four rows of spaces and a one way u shaped road to enter and exit. i was parked by the exit road with the car in front of me parked by the entry road, hopefully that makes sense) now i know the car park having used it for over a year and i know that it is limit visibility whilst using and driving in it, so therefore i am slow and careful when manovering.

the white van was going at a fast speed because i saw it out of the corner of my eye and this thought crossed my mind. My friend passed my car and i then started to reverse slowly as i did this the white van appeared behind me and my bumper hit his drivers door.

the damage to his car looked excessive compared to the damage to mine, he claimed it was my fault as i hit him but i think its his fault due to the speed he was going and the damage shows that the sc***e on his drivers door indicated his speed to be faster than mine. as i had only just started moving out of the space. He later said that he had only just pulled out and was going at two miles an hour which clearly was not the case.

stupidly i did not take photos of the damage and therefore its his word against mine, athough i might be able to find a witness who saw it from the office windows.

but whom in the eyes of an insurer is at fault or will it just be k4k? he offered for me to pay cash but i dont feel as though it was my fault as he should have seen me reversing and been going slow enough to stop in time.

he said it was mine i said it was his so now we are going through insurance. i am annoyed as firstly he shouldn't have been in the car park and secondly going at that speed.

has anyone been in this situation and how do the insurers look at it.

:)

Golf tdi - reverse prang - whos fault?? - LucyBC
Firstly insurers don't use the term "Knock for Knock" any more - at least not officially. The correct term is 50-50 liability (or any other ratio adding to 100). 50:50 means he pays half your damage and you pay half his - so if his damage was the greater you get the bigger bill.

Liability in this case is difficult. Normally extra care is demanded when someone is reversing and you should stop if you see another car coming. But if you can show his speed was excessive it becomes more complex. My guess is thus on a car park accident with a dispute over circumstances and no witness they will agree to settle on a 50:50 basis as outlined above.
Golf tdi - reverse prang - whos fault?? - Foreigner500

>>insurers don't use the term "Knock for Knock" any more - at least not officially. The correct term is 50-50 liability

"Knock for knock" was never related to any split of the blame whatsoever whether that be 50:50 or any other figure. It was simply an agreement between certain insurance companies that each would pay their own insured's losses and TOTALLY disconnected from any assignation, apportionment or assumption of blame or fault. The thinking being that over time the payments would reasonably balance and they would have saved all the admin and recovery costs.

Bear in mind that these agreements were formed at a time when injury oriented payouts, ridiculous car hire costs and endless legal bills were not typical of motor claims which by and large were simply property damage.

Therefore excess recovery was used to determine blame and subsequently as the basis for any loss of NCD or base premium weighting. At that point blame could be completely assigned or apportioned depending on level of recovery.

Golf tdi - reverse prang - whos fault?? - LucyBC

Absolutely accurate and on many occasions (perhaps including this one) it might have been a more equitable arrangement.

Golf tdi - reverse prang - whos fault?? - piggy

Yet another demonstration of the advantages of reversing in to a parking slot rather than reversing out.