Car Park Accident - Who is to blame?

Question

Hi, Just had a bump in a Tesco car park but I'm not sure if it's me or the other driver that is to blame.

I was driving down a 1 way 2 lane "road" in the car park, I was in the left hand lane and pulled into the right hand lane to curve into a space on the left.

Another driver was in the left hand lane behind me, as I curved in, he didn't stop and we bumped.

I wasn't indicating, but it was obvious what I was doing, I should have indicated but he blatently wasn't paying attention to me.

Am I liable?

Answer 1

If the car in front of you stops for what ever reason you must stop and if you fail to stop and hit the car you cause the accident because you are not driving with due care - like keeping sufficent distance, being aware of what the traffic ahead is doing.

Therefore applying this to your situation the car behind you was not paying attention (at the end of the day it is a carpark therefore you expect cars to stop and park), he must  have been driving very close and too fast to hit you before realising that you were pulling into the space. (State this to the insurers)

Check whether it is a clearly marked two lane 1 way road or just a 1 way road wide enough for two lanes (take a photo to clarify). If it is not clearly marked out as two lanes then not a problem. If definetely two seperate lanes (like on dual carriageway) then it could be argued that you made a lane change without due care, so the insurers would probably decide on joint blame. Personally I think his fault as he obviously was not driving with due care as he was not expecting a car to park in a carpark. What if you had just swerved to avoid a child running out he would have hit the child because he was driving too close and too fast for the situation.  

Do not accept liability, write down the facts and keep it very clear (draw a plan or take photo) and contact your insurers and let them fight it out, after all this is what you pay that premium for!

Answer 2

Well in his mind, you left the lane and it was now his, and then you cut him off.  Using turn signals eliminates the need for him to read your mind.  Plus, believe it or not, there was a way to pull into the parking spot without having to take the right lane.  Don't worry though, the insurance company will probably say you're both at fault.

Answer 3

This is a " no win " situation for both parties. You could be accused of being careless and the person who collided with the rear of your car has also been careless in failing to stop in sufficient time. In ordinary circumstances it is usually the person who hits one in the back who is responsible but I suspect a " knock to knock" agreement between the insurance companies will be the result in this case. I have to admit that I hate supermarket car parks and drive with due care and attention at all times. Being on private ground concerns me.

Answer 4

A)  when there's a question,  always call the police.

B)  under normal conditions, if he runs into you, it's his fault.

however, clearly you'll have described it putting yourself in the best light.

that being the case, there's not a good way i could decide who's at fault.

Answer 5

yes affraid so

Answer 6

it'll be 50/50

Firslty, the highway code does not apply in a private carpark so this wil be a civil discussion. You'd be better both handing it to the insurnce companies and they will sort it out.

You did not have to indicate as you were not on the highway.

commonsense though would suggest you should indicate

It may have been "obvious" to you, but most of us are not mind readers.

If you had indicated, the accident would not have happened, if he had driven with more distance the accident would not have happened.

Your bias in words ( "obvious what I was doing" and "he blatently wasn't paying attention to me" and "he didn't stop" ) will not help in any negotiation

It sounds like you swerved in nice and fast. If you were travelling at "carpark" speed and consideration you both could have stopped.

I go slow and indicate in carparks and no-one has ever run into me. I don't think thats a co-incidence

Answer 7

Yes, if you pulled in to his lane, the onus is on you to make sure that it is clear to do so.

Answer 8

You are to blame

Answer 9

both of you are at fault, due to you not indicating your actions before you executed, as well as not fully checking your surroundings before executing. he will also be put at fault for failure to pay attention. sorry for any inconvenience that this may cause

Answer 10

This could be argued as 50/50.

You for not indicating, as you said it was 2 lanes.

The other driver for not paying attention.

Answer 11

Indicators are NOT optional extras on cars and are there for a reason.It might have been obvious to you what your intentions were but 99.9% of drivers are not clairvoyant.

Answer 12

I am with Xan and JG.  In any motor accident, the one behind is 99.9% at fault because he is supposed to be able to stop in time to avoid an accident.  Why else were we tested for emergency stop?

As you have already been advised, do not admit liability in your insurance accident report form.  You do not have to state whether indication had been given or not.  Just say you were proceeding to park into the space.  I bet the 3rd party knew you were going to park but impatiently thought he could quickly pass you.  If he didn't think you were parking into the space, he would have tried to take that space himself instead of picking up speed and ran into you.

  

Answer 13

You are you did not signal.

Answer 14

To the two posters above. If you were driving in the left lane on a dual carriageway and a car in the right lane pulled over without indicating and hit you who would be wrong?  

Answer 15

Boy there sure are a lot of opinions out there.  

Bascially you moved to the right lane.  The other driver was continuing in his left lane and never moved to the right lane.  You then began to make a left turn from the right hand lane to get into a park space?  All this was done without you ever putting on a turn signal.

In my professional opinion, yes, you are at fault.

It is not a matter of who hit who.  This has no bearing in an accident.  What matters is what was the proximate cause of the loss.  in this case you made a left turn from the right lane and probably never saw the other driver.  It would also be interesting to know where your damages were as this could be important.  It could be possible while you are majority at fault you may not be 100% at fault depending on  these type of things.  Not every claim is found to be 100% one person's  or the others. sometimes it's 90/10 or 80/20 and such.

Answer 16

He is at fault. You must drive according to the conditions ahead. It sounds as if he was impatient and saw a chance to shoot past on the left. The indicators are not really relevant in a supermarket, after all trolleys don't have them, and nor do shoppers, or more importantly their children.  

Answer 17

You must always indicate your change in direction wherever and whenever. Other people aren't mind readers.

Answer 18

yup you are liable because you were in the wrong lane

Answer 19

You manoeuvred without signalling he is not a mind reader. You are at fault.

Answer 20

No,he ran into you,obviously in too much of a hurry to take due care as he should have done...his fault.This sort of maneuvering is to be expected in car parks.However,the insurance will treat this as a knock for knock situation,your no claims bonus could be in jeopardy.

Answer 21

I had an accident like this last year but I was the one who ran into someone, unfortunately I was the one who was blamed except mine was on a main road. As you didnt indicate he could use this against you, although he was obviously going to fast for a car park if he couldnt stop. I think it is difficult to indicate when doing this manouvre as if you indicated left to advise you were going in the parking space and swung your car to the right to get a good lock, then do you indicate right then left??  I used this arguement in my accident as he insisted he indicated and I say he didnt, Either way I got blamed.

Answer 22

I can't believe the responses you've had here - It's guaranteed his fault.

Although you were stupid both by not indicating & veering into the offside lane as if you were driving a lorry, it's still the responsibility of the moron behind to be far enough back & going slowly enough to stop.

If you get found liable, I'll be amazed.

The only complication is that this was in a private car park, and Tesco absolve themselves of any responsibility. Your insurance can refuse to pay out, but you should be OK.