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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Car park collision, who at fault?

160 replies

dolol · 05/07/2023 20:34

Sister had a collision this morning and wants to know who will be deemed as at fault

Car A driving along the car park row in a straight line, likely slightly too fast

Car B has reversed parked in the space. Is about to drive off, having done all observations. Crawls forward slightly to check left and right as visibility obscured by big vehicle parked to the left.

Car B (bonnet only a few inches out of the bay) collides with Car A who was doing some speed. MPH limit in car park when checked retrospectively was 5mph

All occupants fine but damage to the side door of Car A
Car B has paintwork damage near the headlight which will need buffing out and probably a new lower splitter

YABU - Car A at fault

YANBU - Car B at fault

Or possibly 50/50 fault? If 50/50 fault who would pay the excess? Thanks so much :)

OP posts:
OwlRightThen · 05/07/2023 20:35

I suspect car B is at fault as A had right of way.

Oysterbabe · 05/07/2023 20:36

Car B is at fault.

category12 · 05/07/2023 20:36

The person coming out of the parking space.

ForeverYellow · 05/07/2023 20:37

50/50 I think .believe in 50/50 each is responsible for their own excess . However , I have a suspicion the car pulling out will be found at fault .

dolol · 05/07/2023 20:37

category12 · 05/07/2023 20:36

The person coming out of the parking space.

Even if they are saying they were stationary?

OP posts:
PlanBea · 05/07/2023 20:37

As the damage is on the front of car B and the door of car A then I think the insurance will put car B at fault - car A can't drive sideways into car B.

NoKnit · 05/07/2023 20:37

Car B at fault

Youdoyoubabe · 05/07/2023 20:38

Might depend on the speed of car A if it was alot faster than 5mph. Risk assessor might be able to tell.

cinnamonfrenchtoast · 05/07/2023 20:38

Car B - you can't just drive out into oncoming traffic.

dolol · 05/07/2023 20:40

PlanBea · 05/07/2023 20:37

As the damage is on the front of car B and the door of car A then I think the insurance will put car B at fault - car A can't drive sideways into car B.

It’s at the very side of the front right headlight on the photos we have.

OP posts:
BennyBlancofromtheBronx · 05/07/2023 20:40

Youdoyoubabe · 05/07/2023 20:38

Might depend on the speed of car A if it was alot faster than 5mph. Risk assessor might be able to tell.

Speed is very rarely counted as negligence (and casual observers often get speeds way out). And no insurer is going to spend money on having the speed in a car park calculated when one party failed to give way.

dolol · 05/07/2023 20:42

BennyBlancofromtheBronx · 05/07/2023 20:40

Speed is very rarely counted as negligence (and casual observers often get speeds way out). And no insurer is going to spend money on having the speed in a car park calculated when one party failed to give way.

Car B had stopped at the point of the collision, they were just slightly sticking out of the space but stationary when A hit them as A didn’t expect them to be there

OP posts:
Overthebow · 05/07/2023 20:42

Car and at fault. They drove into the moving car.

I8toys · 05/07/2023 20:42

Car B has hit Car A in the side. Car B's fault.

Winnerturkeydinner · 05/07/2023 20:42

B

bibbityboppityboo · 05/07/2023 20:43

Car B - they hit the side of car A.

If they were totally stationary - they wouldn't have gone into the side of car A. They'd have gone into the front end of car A.

Tallisker · 05/07/2023 20:43

You say they were slightly sticking out of the parking space, but also say there is damage to the door. This does not make sense.

Car B at fault.

Podgedodge · 05/07/2023 20:44

Not getting how car B was stopped if they hit A on side?

I8toys · 05/07/2023 20:44

How can Car B be stationary? Car A has right of way

category12 · 05/07/2023 20:44

dolol · 05/07/2023 20:37

Even if they are saying they were stationary?

It's their responsibility to make sure it's clear and safe to move out the parking space.

nocoolnamesleft · 05/07/2023 20:44

From your description, Car B is at fault.

BennyBlancofromtheBronx · 05/07/2023 20:44

dolol · 05/07/2023 20:42

Car B had stopped at the point of the collision, they were just slightly sticking out of the space but stationary when A hit them as A didn’t expect them to be there

So how is the damage to car A on the side, rather than at the front? Were they doing a fast and furious style drift?

Meeting · 05/07/2023 20:44

I take it your sister was car B. She is at fault, regardless of whether she was stationary or moving. Also you started by saying she was creeping forwards and then changed to say she wasn't moving.

Tallisker · 05/07/2023 20:45

Sorry, ignore me, reading comprehension has left the building and I hadn't noticed 🙄

Winnerturkeydinner · 05/07/2023 20:45

I suspect car B is your sister.