Bump on a car park

[JonRB]

My girlfreind and her daughter were driving through the car park at the trafford centre in manchester. My girlfreind was travelling at approx 2 miles and a car reversed out of a parking space and hit her car. Who is to blame? The driver of the car reversing out is trying to say my Girlfreind is to blame.

[hedgehog661]

Hi

The highway code say's that where ever possible you should reverse INTO a bay, so there might be some help, I would find it difficult to find a reason (bear in mind i was not there) to see how someone reversing out of a bay would not be at fault, however the law also state we should always drive at a speed that we can safely see to stop so I am trusting at 2 mph you did not drive into him rather he reversed out into you.

[kazza12345]

I would like to see how on earth it couldn't be the other persons fault.  Imagine if it were a pedestrian, or someone in a wheelchair who was passing behind and got knocked down

[kempie]

Unfortunately kazza12345 the Highway Code also gives rules to pedestrians.

15: Reversing vehicles. Never cross behind a vehicle which is reversing, showing white reversing lights or sounding a warning.

which seems to indicate the reversing driver is not automatically at fault for hitting your pedestrian or wheelchair user.

[SteveD]

You don't say what part of your girlfriend's car (left right, front, back, middle) was hit.  If she was really moving so slowly, I suppose it's possible for her car to have been hit behind the driver and that she didn't see it reversing.

It would be difficult to prove that her car was only moving at 2 mph as such a low speed would be unlikely to register on the speedometer.

[Ducati]

The fact that is was a car park is irrelevent: the Road Traffic Act has been amended to include areas that the public have access to.

[Ducati]

Section 192 of the RTA 1988 states that a 'road' is any highway and any other road to which the public has access and includes bridges over which a road passes.

 

To prove than something took place on a road to which the public has access, but is NOT a road under the definition of the RTA, it must be proven that the general public has access and that such access is not restricted to certain bodies of the general public, and the owner [of the car park] has not taken action to prevent them from doing so.

 

Motor insurance in the UK is not restricted to RTA cover only (i.e, cover that complies with the minimum requirements of the RTA) but covers Third Party cover with few restrictions (one restriction being an exclusion of 'Airside' use).

 

So, accidents in car parks are covered by the Third Party section of a standard UK motor policy. Also, a 'public' car park is considered a road under the RTA.

[Tim Baxter]

Your comment that it's not the public highway is accurate in that the police have no juresdiction.  The claim is an entirely civil matter but as previous correspondents have said it is the fault of the reverser.  It is safer to reverse into the bay, this is why the reverse bay park is taught for the practical driving test and can be one of the manoeuvres conducted on the test.

[Millie_on_to]

I disagree. My mum was reversing last week & an elderly gentleman drove round the corner too fast and they met in the middle. I absolutley see the reasons behind reverse parking but he is claiming it is al her fault. He didnt see my mum, he was fairly hard of hearing and his eyesight when swapping details also seemed particularly poor. I think it depends purely on how fast the other car was going, how can you determine if its ok to reverse when cars are going at an inappropriate speed, it was safe to reverse at the time when mum started and he came too fast.