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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Car crash in car park, who is at fault?

41 replies

Seldon · 02/08/2021 17:44

In a car park today, a van reversed into me while I was part way through a manoeuvre. Diagram attached. I was in some bays perpendicular to another set of bays.

I had reversed to do a three point turn around the back of a van. I had just stopped and was about to drive off, when the van just reversed into me and hit my side rear.

I was there first, and he reversed, but as I was in a manoeuvre and in an unexpected place, could he claim I was to blame? AIBU to think I was not to blame.

YABU - I'm not to blame
YANBU - It's a 50:50 accident

(I know life is a bit more non-binary than that, but interested for views).

Car crash in car park, who is at fault?
OP posts:
DeathStare · 02/08/2021 17:45

If you were stationary, he is to blame.

BiscuitDrama · 02/08/2021 17:46

You were stationery and he should have been looking. I don’t think there’s ever justification to drive into a stationery car.

childcarevouchersargh · 02/08/2021 17:47

I agree if you were stationary then the van driver was to blame, as if they'd looked before moving they'd have seen you. I'm not sure how it could be argued otherwise?

Aquamarine1029 · 02/08/2021 17:47

He is to blame.

Seeline · 02/08/2021 17:47

Generally you should check behind you before you reverse so assuming you were actually stationary at the point he started reversing, he is at fault.

If you were still reversing, you should have been continuing to check behind you and should have seen him moving.

NotAnotherPushyMum · 02/08/2021 17:48

You were both reversing so I think the insurance will say 50:50. I’ve had someone drive into the back of me whilst I was in your position (had reversed out and was in 1st gear ready to move off) and insurance said it was my fault because I was the one ‘reversing’ but since you both are here I don’t think they’ll bother to investigate and go 50:50.

MotionActivatedDog · 02/08/2021 17:49

The van hit you= the vans fault.

You were stationary= the vans fault.

To sum up-it’s totally the vans fault Grin

BiscuitDrama · 02/08/2021 17:50

@BiscuitDrama

You were stationery and he should have been looking. I don’t think there’s ever justification to drive into a stationery car.
StationAry. Oops!
NoSquirrels · 02/08/2021 17:50

Usually it’s the person reversing at fault. But as you’d also just finished reversing, he’ll claim you were also reversing and insurance would go 50-50.

ChicChaos · 02/08/2021 17:52

Where is the van you were doing the three point turn around?

I'd say 50/50, as yes the person reversing should have been looking but I wouldn't expect someone in your parking space to reverse out and go past his space. I appreciate the diagram might not be to scale!

PinkiOcelot · 02/08/2021 17:52

From what you have said, the van was at fault.

Original poster
Seldon · 02/08/2021 17:53

At the moment of the collision I was stationary and about to drive forward and the van reversed. But I had been reversing perhaps 10 seconds before the accident to get into that position

OP posts:
Bingbongbash · 02/08/2021 18:00

I think it'll go 50:50 but how annoying for you.

SeasonFinale · 02/08/2021 18:01

He was at fault from how you have described it as you were part way through your manoeuvre before he had even left his parking space.

Original poster
Seldon · 02/08/2021 18:03

I fear it will go 50:50 but I was watching so carefully when I reversed out originally,as I wanted to avoid the van, and I was happy I’d missed the van. Then it reversed into my side

OP posts:
icedcoffees · 02/08/2021 18:06

If you were stationary then he was at fault, but when you were performing your manoeuvre, were you perhaps in his blind spot? It looks like you may be from your diagram.

sbhydrogen · 02/08/2021 18:06

This exact thing happened to me in 2010. Sadly, I was the van in this situation and it was 100% my fault. It was unfortunate that my rear window was a bit steamed up and their car was the same colour as the sky at that particular moment.

We were the only two cars in the otherwise empty cat park 😂

Original poster
Seldon · 02/08/2021 18:07

Just to add the accident happened in France where we have left hand vehicles. I had a great position to see the van, and the van driver was on the other side

OP posts:
Aprilx · 02/08/2021 18:07

If you were stationary then yes it is the other persons fault, but it would be hard to prove that. I think it will be deemed 50:50 and I think it would be anyway as it is not worth the insurers time arguing about it anyway.

Carthief · 02/08/2021 18:10

OP keep re-iterating that you were stationary to your insurance.

Even if you weren’t there when he started reversing he should still be checking that there’s nothing to drive into - it could be a car, it could be a child…

Looking at the diagram - any damage is on the side of your car yes? Is it all in one place?

If so - Cars don’t move sideways, you had to be stationary when he hit you otherwise the damage would be all down the side of your car which would happen if you hit his rear corner.

Cocomade · 02/08/2021 18:10

Is there CCTV in the car park?
This would be my first point of call.
I say he's to blame

Mattsmum2 · 02/08/2021 18:13

Are you taking this through insurance and do you or him have a dashcam or any witnesses? I ask thus because I was stationary in a car park waiting for the traffic to clear and a car reversed out in to me. The insurance argued that no one could evidence that I was not moving also. I had to make do with insurance saying they’re accept a 50/50 blame without even consulting me. Now I have a dashcam. This claim was a long drawn out one which my insurance company didn’t stand up for me at all. Their explanation, it was not worth contesting. Good luck 😉

Original poster
Seldon · 02/08/2021 18:25

Plan to go through insurance but no dashcam so difficult to prove and I was car on my own. May ask the shop for cctv if it’s get there

OP posts:
icedcoffees · 02/08/2021 18:28

If you were reversing right behind him, it's possible (as he's in a van) that he couldn't see you properly. Vans have a larger blind spot than cars do.

PigeonPink · 02/08/2021 18:31

He was in a parking space and you were using the road. He should have remained in his parking space until the road was clear for him to reverse out. You can’t just reverse out of a parking space and whack into someone. Totally his fault.