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Am I 100% at fault?

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  • 05-12-2017 5:08am
    #1
    Registered Users Posts: 474 ✭✭


    I was parking my car into a space at a car park recently. As I was reversing out (I couldn’t have been going any slower) so I could straighten the car in the space I reversed into a car that was driving behind me. One second the car wasn’t there and next second it was. The impact was very minor and it’s no big deal really for me to pay for the damage caused to both cars as I felt 100% responsible at the time. However, as time has gone on I can’t help but think the oncoming car should have seen me backing out slowly from the space as they were driving towards me.
    It would be different if the car was stationary behind me, then absolutely there’d be no question of liability, however I can’t help but feel the car driving from my left in the car park didn’t head a car ahead reversing out of a space.
    There are countless times I’ve driven into a car park and cars have been driving out of spaces and you stop to let them out. Just because this person didn’t stop to let me out when I had already begun my manoeuvre does this still mean I am 100% in the wrong?
    I’ll take this up with my insurance company anyway but I just would like an unrelated view and maybe someone out there has had something similar happen to them....


Comments

  • Registered Users Posts: 37,302 ✭✭✭✭the_syco


    LadyTBolt wrote: »
    One second the car wasn’t there and next second it was.
    This sounds like you were looking elsewhere when just before the crash happened.

    In future, consider reversing into the parking spot.


  • Registered Users Posts: 18,992 ✭✭✭✭Del2005


    LadyTBolt wrote: »
    I was parking my car into a space at a car park recently. As I was reversing out (I couldn’t have been going any slower) so I could straighten the car in the space I reversed into a car that was driving behind me. One second the car wasn’t there and next second it was. The impact was very minor and it’s no big deal really for me to pay for the damage caused to both cars as I felt 100% responsible at the time. However, as time has gone on I can’t help but think the oncoming car should have seen me backing out slowly from the space as they were driving towards me.
    It would be different if the car was stationary behind me, then absolutely there’d be no question of liability, however I can’t help but feel the car driving from my left in the car park didn’t head a car ahead reversing out of a space.
    There are countless times I’ve driven into a car park and cars have been driving out of spaces and you stop to let them out. Just because this person didn’t stop to let me out when I had already begun my manoeuvre does this still mean I am 100% in the wrong?
    I’ll take this up with my insurance company anyway but I just would like an unrelated view and maybe someone out there has had something similar happen to them....


    The other car has right of way as you are joining the road they are on, so it's up to you to make sure you don't crash into them. Yes they could have stopped but they did not and you then hit them so it's your fault.


  • Closed Accounts Posts: 2,881 ✭✭✭Peatys


    Sorry but you are at fault here. You say it yourself, one minute they were not there, next minute they were.

    I was knocked down years ago at a junction. I was going straight, and the driver coming towards me turned right, directly across me. The driver said the same, one minute I was not there, next minute I was. Judge asked her if she actually believed I materialized from nowhere, or was she just not looking in my direction as she turned.


  • Registered Users Posts: 39,385 ✭✭✭✭Mellor


    LadyTBolt wrote: »
    As I was reversing out (I couldn’t have been going any slower) so I could straighten the car in the space I reversed into a car that was driving behind me. One second the car wasn’t there and next second it was.
    This makes it sound like you reversed into their car. (As in the rear of your car hit them from the side.) With no other information, I'd consider that to be your fault.
    however I can’t help but feel the car driving from my left in the car park didn’t head a car ahead reversing out of a space.
    Maybe they should have let you out out of courtesy - but the fact is that didn't and you should have seen that they didn't, especially as you were going so slow.
    There are countless times I’ve driven into a car park and cars have been driving out of spaces and you stop to let them out. Just because this person didn’t stop to let me out when I had already begun my manoeuvre does this still mean I am 100% in the wrong?
    People in carparks are lunatics. I always try to assume that people aren't going to stop.


  • Registered Users Posts: 26,511 ✭✭✭✭Peregrinus


    Mellor wrote: »
    People in carparks are lunatics. I always try to assume that people aren't going to stop.
    This. Always proceed on the basis that, unless they have actually stopped, they are not going to stop.


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  • Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    Time, distance and speed are relevant in this scenario.

    Generally, there is a heavy onus on a driver who is reversing out of a space.

    If the other car was very close to you as you reversed out there is really no answer to their claim as they have right of way and you must have simply failed to see them.

    If you had reversed out, as you describe, and the other car was a good distance away at that time but they just kept coming at speed I would take a very different view.

    The apparent proximity of the other vehicle at the relevant time suggests that they were in the right.


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