[Indiana Bones]

Today I had to go to the Dr because I've been unwell.

So imagine this:

Jump in my car ... now this isn't my car, it's on loan from a car dealership because my the car I bought off them is currently having a few things fixed on it under warranty. So they'd given me a courteousy vehicle (Mazda 6) to use until my car is ready.

I check both right and left sides before I start backing out. Nothing coming. Now given this car is fairly new to me, I am really, really conscious of not hitting any of the parked cars on the opposite side car spots. But realistically, the Mazda 6 is smaller than my usual car so I probably didn't need to worry about this.

Backing out ... and about to put my car into first and BAHM! This car, a small Getz, in my opinion has run into my car.

Her car front panel is crumbled in. There are some scrape marks on my car.

Anyway, she then berates me how the road between the car spots is a 'thorough fare' and I had no right to back out. She then says that I have backed into her. I told her that I was about to put my car into first and drive off, hence indicating that I was out of the car park enough to drive off and hence it is my opinion that she has failed to stop and run into me.

So, who is at fault and how is something like this proved?

My DH thinks the insurance company will come after me because supposedly you are automatically at fault if you are reversing, but I know that I was in the process of putting the car into first because it was taking me a bit longer than usual because I am not used to the gear box of the Mazda.

[Tikiboo16]

I think if you had stopped to put the car into first and she hit you, then it's her fault... however if you were still reversing at the time of impact, it is yours.. But I am no expert in these things... I'd just explain it in the most favourable light to the insurance company and let them decide.

[boatiebabe]

The insurance companies will work out who is at fault.

Don't worry about it!

[buttercup-bob]

as far as i know, if you are involoved in a car park prang then you are responsible for your own damages. so she would be claiming on her insurance for her damages and you would claim on your insurance for the damage to the car. but i would also check with the car yard their insurance etc.

good luck. car park prangs suck.

[SushiLover]

I thought if you had a prang in a car park and both vehicles were moving it was 50-50. I could be wrong but I would be looking into this.

[ell80]

Sounds like you were basically stopped and she was moving? Especially if the damage is to the front of her car... So i would have thought she was at fault.

[Indiana Bones]

I'm just worried because it's not my car. It is the dealerships car and I have no idea if they are low premiums and high excesses and therefore will come after me to pay.

I'm so upset because I have been feeling so unwell for the past 3 days, I did ask DH to drive me to the Dr today but he had a meeting at work and couldn't. We have no family or friends here that I could have called on.

I know I felt fine to drive, but now I'm wondering if this accident was a result of me being under the weather.

The lady going off at me in the car park was the last thing I needed today

[SophieBeagle]

OP it sounds like you're the one in the wrong My Mum had a similar incident and she was at fault unfortunately.

I'm so sorry, the other driver sounds like a t*at though.

[lsolaBella]

Indiana bones I know when I get a dealership car the excess I have to pay is $1-2k if I have an accident. They have huge excess.

[Sweet like a lem...]

I thinking you were more than halfway out your spot when she hit you so she failed to give way. Her fault.