Whose fault ? Outcome from insurance

Frenchmail

My dad has just informed me of a RTA of a very minor bump. But whose fault. In a car park.
A car drove past then reversed 10 m to get back to a spot, in doing this my dad reversed out his spot and they came together. Is it 50:50 , I'm not sure

Frenchmail

No dents in either car, just a bit of paint transfer and a few scratches. Whose fault is it as they were both reversing

cymruchris

On the information provided - I'd have said equal responsibility - so a 50 50 as you put it. 

AdrianC

Neither was looking properly. Either could easily have avoided. 50/50.

BOWFER

Depends.
If the reversing car was going down a lane that was marked as one way, then it's reasonable for your dad not to have expected a car coming from that direction.

Sandtree

Both vehicles reversing at the time of the incident, insurers will go 50/50 assuming both admit to this

BOWFER

Sandtree said:

Both vehicles reversing at the time of the incident, insurers will go 50/50 assuming both admit to this

But what if one of the vehicles was reversing down a lane that was marked as one way?
If you're reversing out of a space, you're looking for people manouvering immediately around you, but you're not necessarily looking for someone reversing down the lane from a long way back.

Sandtree

BOWFER said:

Sandtree said:

Both vehicles reversing at the time of the incident, insurers will go 50/50 assuming both admit to this

But what if one of the vehicles was reversing down a lane that was marked as one way?
If you're reversing out of a space, you're looking for people manouvering immediately around you, but you're not necessarily looking for someone reversing down the lane from a long way back.

Its a carpark, markings are not legally enforceable. Secondly, if a car one up was reversing out of their space at the same time they would still be approaching from the side that the person reversing against the suggested direction of travel was.  Thirdly a pedestrian can go in any (and normally all) direction they want.

As such, when reversing out the space you must be checking in all directions irrespective of carpark markings.

According to a former employer you should never be reserving out of a space anyway, indeed it was gross misconduct if you did so in the staff car park (as well as walking and talking on the phone, carrying more than one drink without a tray, using the stairs without holding the handrail etc)

BOWFER

Sandtree said:

Its a carpark, markings are not legally enforceable. 

Are you sure about that?
If it's a carpark with 'unhindered access' (IE no gates/barriers and is open to be driven on at any time of day) it's classed as a public road and normal road laws apply.
This is why anyone damaging your car in such a car park can be charged with leaving the scene of an accident.

DB1904

BOWFER said:

Sandtree said:

Its a carpark, markings are not legally enforceable. 

Are you sure about that?
If it's a carpark with 'unhindered access' (IE no gates/barriers and is open to be driven on at any time of day) it's classed as a public road and normal road laws apply.
This is why anyone damaging your car in such a car park can be charged with leaving the scene of an accident.

Its classed as a public place but irs probably not a road.

Sandtree

BOWFER said:

Sandtree said:

Its a carpark, markings are not legally enforceable. 

Are you sure about that?
If it's a carpark with 'unhindered access' (IE no gates/barriers and is open to be driven on at any time of day) it's classed as a public road and normal road laws apply.
This is why anyone damaging your car in such a car park can be charged with leaving the scene of an accident.

Can you point to a single case of someone being prosecuted or getting a FPN for driving in the wrong direction in a car park with no aggravating factors? Given this "offence" happens at least hundreds of times a day there must be tens of thousands out there to select from.

Can't point to the relevant legislation but there are rules and regulations etc about the placing of roadsigns that must be obeyed... there was the news story a while back when a village put their own speed limit sign up and then using speed cameras tried to get drivers prosecuted for breaking the speed limit but they were the ones that got into police trouble. Similarly a private company cannot put up signs that suddenly make ignoring them a criminal offence.