Driving out of car park space hit by pick up taking corner with speed hit on my side of road. Who is at fault?

Question

Was reversing straight back on my side in an wide open car park when a pick-up takes wide berth at corner driving into back of jeep.

Answer 1

you've been done bang to rights already, but I'll take the points.

Next time get someone to either watch for traffic, or even better let them do the reversing

Answer 2

I'm having a hard time determining fault, and I've been in claims for 15 years! It would help to know more or have it explained a bit better. However, if you're in the spot, and the other person is in the aisle, or the street into which you are backing (even if he rounded a corner quickly to get there) you are at fault, or at least the majority. The vehicle backing always has the greater duty over vehicles on the road, aisle, etc.

Answer 3

You have no one to prove the other party was either speeding or cutting the corner too close. The fact that you are backing does come into play, but moreso that the person in the aisle has the right of way. Whether you were backing or pulling forward, you bear the greater duty to yield. You need to call your insurance company and let them take care of it for you, unless the other party is willing to settle out of pocket. Even if your premium goes up, it will likely not be as much as you would wind up paying for the damages.

Answer 4

You are. There are "standards of fault" to determine fault. One of them is driving in reverse. If one car is in reverse, and the other is not, the car in reverse is at fault.

A second standard of fault is entering or exiting a parking space. If one person is traveling down the road (or the aisle), and someone else is entering or exiting a parking space, the person entering or exiting the parking space is at fault.

So under two different standards, the fault is yours, regardless of the speeding issue.

Answer 5

I suspect both your insurers will regard their insured as at fault, ie treat it as a knock for knock.

as it happened on a car park, not the public road theres an additional complication, because it isnt clear who had the legal right of way.

If it came to it, id guess that you'd probably be in the wrong, as effectively you were manoevering from stationary into the trffic area. granted the other party may have been driving too fast but that doesnt exonerate you from taking due care and attention

its one for your insurers to settle, if you have any independant withesses then that may work in your favour.

Answer 6

You are at fault. You have a greater duty when backing to make sure that the party with the right of way has cleared the path.
In Maryland, you would be at fault under statute 21-1102: limitations on backing.
I am a claims adjuster.

Answer 7

Your fault im affraid when reversing it must be done with effective observation, you must give way until the other traffic has made the decision ie: if they stop you go or if they go you must stop. thats why your not allowed to reverse using just mirrors on a driving test. Probably not wont to hear try iot but very unlikely you will get anywhere goodby no claims bonus

Answer 8

First I would like to hear the other side of this story and then see the schematic and the damage to each vehicle.

If that is not available, then I would have to say that both parties share the blame - the reversing car for not yielding to oncoming traffic and the p/u for not controlling his vehicle.

I know that will not get me the 10 pts but I'm not a kissass

Answer 9

It's hard to follow the question the way it's written, but usually the one in reverse is at fault.

Answer 10

Depends... you'd have to see the damage and see the other persons point of view. You're both probably at fault. You should've been looking at for him and he should've been looking out for you. Don't think the insurer will want to see it like that though as they just want to point the blame on someone!