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Reversing into a car park space incident

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  • 05-11-2023 6:43pm
    #1
    david1411
    Registered Users, Users Awaiting Email Confirmation Posts: 2 ✭


    Hi, so earlier today I was driving into a filling station and went to park up at the parking area in a space, there was loads of open spaces and I drove up to reverse back into the space, as I was setting back another car tried to whip around the back of me to get past me as I was reversing and in doing so my a collision occurred.


    who is at fault here?

    Post edited by Spear on


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    #2
    FishOnABike
    Registered Users Posts: 4,469 ✭✭✭FishOnABike


    Do you have a front + rear dash cam? Ask the filling station to preserve any video recording they might have of the incident. You might need that footage to determine fault.



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    #3
    david1411
    Registered Users, Users Awaiting Email Confirmation Posts: 2 ✭david1411


    Hi, no dash cam footage, I enquired with staff inside the filling station, the took a look at the footage but wouldn’t let me see due to GDPR and they see the other driver as wrong, they will hold the footage if needed, just trying to see what the general consensus is as I feel Im in the right as I was already in a reversing action into a space when he tried to pass behind.

    Thanks



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    #4
    Atlantic Dawn
    Registered Users Posts: 82,580 ✭✭✭✭Atlantic Dawn
    M


    Can you draw up a diagram of the road positioning and spaces and share it?



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    #5
    elperello
    Registered Users Posts: 14,985 ✭✭✭✭elperello


    If you contact the moderators they will move this thread to the correct forum.



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    #6
    FishOnABike
    Registered Users Posts: 4,469 ✭✭✭FishOnABike


    https://www.boards.ie/discussion/comment/121328856#Comment_121328856

    Insurance companies might be inclined to settle on a 50 : 50 fault basis as it's the path of least resistance and they have two drivers / policies to recoup their payout from.

    I would make a report to the gardaí as they will be able to obtain the video footage to support a prosecution of the other driver. Get some legal advice to verify if you might also have committed any offense.

    Don't be fobbed off with an 'It's a civil matter" excuse - if you are certain you are not at fault insist on reporting the incident and be willing to be a witness in court if the other driver is prosecuted for driving without due care and attention, careless driving or dangerous driving.

    Make sure the filling station does not delete the recording before the gardaí or / and yourself have a copy.

    I'd check out the GDPR excuse too. As you are in the footage you should be able to obtain a copy under a freedom of information request, anything that might identify the other driver e.g. number plate, face might have to be blurred out but you should be able to obtain a copy of video you are in.



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    #7
    Overdehils
    Registered Users Posts: 14 ✭Overdehils


    Business's can only provide CCTV footage to Gardai when requested. Just ask them to keep a copy & contact the nearest Garda Station.



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    #8
    FishOnABike
    Registered Users Posts: 4,469 ✭✭✭FishOnABike


    https://www.boards.ie/discussion/comment/121328856#Comment_121328856

    It might be a data protection subject access request rather than a freedom of information request to try and get a copy of the video yourself.

    The gardaí will be able to get a copy of the vide recording to investigate, if you report the collision. Just ensure it is not deleted before a copy is obtained.



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    #9
    deirdremf
    Registered Users Posts: 1,893 ✭✭✭deirdremf


    Yes, first report the accident, and formally request a copy of the recording. In writing.

    If there is a lot of expense involved you might need to bring in a lawyer; which is expensive in itself - but if this were to come to court, and if you are absolutely certain the other person is in the wrong a lawyer might demonstrate how serious you are to the other party.



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