Not my fault but might get blame

happy_feet_3

I was in the local Sports Centre Car Park on Saturday dropping my daughter off. I checked round about me and there was nothing in sight. All to be seen was the guy in the car further back (also parked in a space) was talking to his son who was further over the car park. I started reversing, continually looking around me and it was continually clear.
All of a sudden the guy who was talking to his son came out of his parking space just as I was reversing close to it and ran into me. The insurance said that reversing cars are usually blamed but I cannot see the logic in this. If I am reversing already and have already moved about 7 feet and THEN he moves without even noticing I am there and without warning, how can I possibly be at fault. This would mean that I could sit in a car park and effectively run into every other car that reverses and I wouldnt be blamed for any of them???
I am pregnant at the moment and am finding the stress of this really hard to handle. Can anyone advise where I stand?

Thanx

harveybobbles

Point out to yours and his insurance company that it was in a CAR PARK.

As it's not classed as public highway, it will be deemed as 50/50.

I pulled out infront of a Range rover some years back in a carpark in Manchester. Obviously my fault, but both Ins companies got told it was in a car park and went 50/50...

raskazz

harveybobbles wrote: »

Point out to yours and his insurance company that it was in a CAR PARK.

As it's not classed as public highway, it will be deemed as 50/50.

I pulled out infront of a Range rover some years back in a carpark in Manchester. Obviously my fault, but both Ins companies got told it was in a car park and went 50/50...

Whether it is a public highway is neither here nor there. What matters is the degree of negligence exhibited by each driver. On the facts presented it does, however, sound like a classic 50/50 - assuming you don't have any independent witnesses.

harveybobbles

I pulled out of a T junction going the wrong way. I got T-boned lol.
I was being taken to Court until I pointed out it was in a carpark, then it went 50/50...

maniac886

harveybobbles wrote: »

I pulled out of a T junction going the wrong way. I got T-boned lol.
I was being taken to Court until I pointed out it was in a carpark, then it went 50/50...

Haha T-boned...never heard of that before!:rotfl:

in2deep_2

Ask the sports centre if there is cctv covering the car park.

happy_feet_3

Thanx folks
Still dont see why it would even be 50/50 when I was very vigilant and not negligent in any way, and he WAS, he was not paying attention. I couldnt have avoided it but he COULD if he had looked before he had pulled out. My reversing lights would have been on after all and I had reversed for about 7 feet

Keith

Your car was moving backwards.

In those 7 feet you should have noticed that another vehicle was driving along the road you were entering and stopped. Even though it's a car park if someone is driving towards you, you should stop until it is safe to go.

anewman

happy_feet wrote: »

Thanx folks
Still dont see why it would even be 50/50 when I was very vigilant and not negligent in any way, and he WAS, he was not paying attention. I couldnt have avoided it but he COULD if he had looked before he had pulled out. My reversing lights would have been on after all and I had reversed for about 7 feet

Unfortunately not everything in the world is fair. I wish it were. Not trying to blame you, but I wonder if your reverse light is working. It's one of the lights you tend not to see, on some cars there is only one bulb, and it is not checked as part of the MOT. But still it should be obvious to see a car moving backwards.

cyclonebri1

If he didn't see your car he certainly wouldnt have seen your your reversing light, but it's irrelevant really. I don't think you can do anything other that furnish all the facts as you have here, and if there were no other witnesses, just hope for the best. Does sound like it will go 50/50 to me, good luck and post the result;)

Take it as low speed?, and no one was hurt, so don't worry at least he/you were insured?

happy_feet_3

Hiya

Yeah, both reverse lights are working. I couldnt see him and stop as he wasnt moving until I got level with him then he pulled out and hit me within a second. The collision was 1ft from where he was parked. Had he pulled out earier I would have seen him and I would have stopped immediately.