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Who's at fault?

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Judge Judy decided on a repeat yesterday in exact same situation the Merc driver. In your case i would say the same.

Totally the Merc at fault. Reversing out without checking what's there.

Yep another one that reverses out and then looks. Had one in my carpark that reversed about 30 feet and into the side of my volvo940. She jumped out and said oops I didn't look. My volvo was the only other car in carpark which is big enough to get an artic turned plus I wasn't even in the car. I saw it move from my house window. She did say she would pay cash to have it repaired if it was less than £300. Local body shop said that would just about cover the paint!! Took a month to get repaired after I refused point blank to have it written off or accept a cash adjustment and then 6 months of insurance wrangle as I was not at fault and told my insurance to claim off her as I wasnt even in the car. I had just spent £750 for MOT. Definitely merc fault on this one. Hope its just cosmetic.

Alasdair

I've moved this to the Insurance and Legal issues for larger community engagement @BionicJohn as it's not strictly a model issue.

One of our insurance partner companies will also have a better chance of seeing it and may offer advice.

Link to here left in the Octavia forum.

I'd suggest it's the Merc's fault for not looking but, it being a private car park, where 'normal' rules don't apply I'd expect their insurance to push for 50/50. This is based on previous experience where someone on a petrol station forecourt did something similar to us many many years ago trying to queue jump to a different pump that had just been vacated.

I deleted my original answer, but I think it'll go 50/50, knock for knock.

How is the AA harassing you?

Edited by nta16

I agree with the others, I suspect you'll have a challenge getting it to anything other than 50/50.

In reality, of course, it's completely the fault of the SLK, and I expect you were looking for a space. That being said, you did drive behind a vehicle that already had the reversing lights on and, technically, you could have stopped.

In reality it of course wasn't your fault, but I suspect it'll be 50/50 as there were steps you should/could have taken to avoid.

  • Author
On 28/04/2026 at 23:28, nta16 said:

I deleted my original answer, but I think it'll go 50/50, knock for knock.

How is the AA harassing you?

My insurers are dealing with it - probably a new wing, front bumper and wheel. I keep getting messages from his insurer (the AA) who say they will deal with repairs to my car. They are not acting on my behalf or in my interests - my insurers are. I'm not impressed with the number of messages from the AA and they are now blocked and reported for spam.

Edited by BionicJohn
Spelling

1 hour ago, BionicJohn said:

I keep getting messages from his insurer (the AA) who say they will deal with repairs to my car.

I lost my post, so very briefly, it's not just the AA all insurers are after the business of the repair as now your bump could involve up to say a dozen companies each getting revenue and profit from it many of these might be owned by the same larger company/group. A way of spreading and maying more profit for the large companies/groups owners and top management, part of the higher premiums we pay. Some companies will offer to buy the business of the repair from you as there is so much revenue and profit from this that they want it for themselves, sometimes they might even be competing against other companies within their same overall group. All legal of course, these big business have very powerful lobbists.

On 29/04/2026 at 01:22, OccyVRS said:

I agree with the others, I suspect you'll have a challenge getting it to anything other than 50/50.

In reality, of course, it's completely the fault of the SLK, and I expect you were looking for a space. That being said, you did drive behind a vehicle that already had the reversing lights on and, technically, you could have stopped.

In reality it of course wasn't your fault, but I suspect it'll be 50/50 as there were steps you should/could have taken to avoid.

To be fair to OP, the reversing light wouldn't be particularly visible from that approach angle in daylight.

I believe the onus is fully on the reversing vehicle to ensure way is clear before moving.

5 hours ago, Warrior193 said:

To be fair to OP, the reversing light wouldn't be particularly visible from that approach angle in daylight.

I believe the onus is fully on the reversing vehicle to ensure way is clear before moving.

Oh 100%. Like I said, OP was busy looking for a space and the reverse light was pretty poor. In the eyes of the insurers, though, it was on - no matter how visible.

  • Author
1 hour ago, OccyVRS said:

Oh 100%. Like I said, OP was busy looking for a space and the reverse light was pretty poor. In the eyes of the insurers, though, it was on - no matter how visible.

It was a 14 plate 2 seater Merc with restricted ¾ rear view and no reversing sensors. So looking to see the way was clear before moving was essential. Plus he said to me "I never saw you".

The reversing lights appear to be on as you rounded the corner (29 sec), I think i would have stopped.

3 hours ago, BionicJohn said:

It was a 14 plate 2 seater Merc with restricted ¾ rear view and no reversing sensors. So looking to see the way was clear before moving was essential. Plus he said to me "I never saw you".

It doesn't make a difference. Regardless of his actions, his reverse lights were on and you did have time to see him and stop. There were nearly three seconds between his wheels moving and the collision. As I said, while in reality it wasn't your fault at all, I will be extremely suprised if the insurers don't put it down to a 50/50.

58 minutes ago, Stonekeeper said:

The reversing lights appear to be on as you rounded the corner (29 sec), I think i would have stopped.

I may or may not have seen him move, depending on where I was looking. That said, I would have seen his reverse lights and stopped, or at least slowed down. However, it's easy to sit here and comment on footage captured by a dashcam - I can't see how OP could have not seen the SLK begin to move, but I wasn't there. If I was tired, in a rush, or just thinking about other things, I would imagine a similar mistake would have been made.

Yes, I always slow down in car parks and check reverse lights, but if someone had just pulled out on me during all the times I haven't been going slow and looking, this would have been the result. As I said before, while I sympathise strongly with OP and believe that the outcome would have been the same with 99% of forum users here, the accident is, IMO, a 50/50.

  • 2 weeks later...
  • Author

Car is now repaired. Looks like they managed to straighten out any dints as the bumper and wing look like the originals. I got a new wheel.

For the 3 working days the car was being repaired, I was driving around in a 75 plate Mini Cooper. I won't be buying one of those in the future.

I spoke to my insurers about all the the cold offers I got offering alternative repairs. They said there would be a £200 charge for not using their authorised repairer (which is Vella).

Your insurer would probbly be doing the same with the Merc driver, there's only really four big insurers and the system is now very elaborate with some inter-company revenue and profits created where none used to exist. Bear in mind even if you have protected No Claims Bonus next year's (and following years) premiums will rise.

At least it's sorted and no one was hurt, only bits of German plastics and metals. Life goes ons, here's to happier days.

Your lucky you got a mini cooper. We got a nissan duke(puke). Probably the worst car I have ever driven. It had to be driven at high revs to get anywhere and no visibilty out of it plus from outside looked quite large but zero space inside. I might add that people normally put their car in reverse then wait to check its clear. You were moving so they should have looked and waited. Definitley not your fault no matter what the insurers say. Glad you got it fixed and back on the road again.

I do miss my old volvo 940. designed to take the odd bump or two with zero damage.

Alasdair

Edited by Alasdair1

On 10/05/2026 at 10:55, BionicJohn said:

Car is now repaired. Looks like they managed to straighten out any dints as the bumper and wing look like the originals. I got a new wheel.

For the 3 working days the car was being repaired, I was driving around in a 75 plate Mini Cooper. I won't be buying one of those in the future.

I spoke to my insurers about all the the cold offers I got offering alternative repairs. They said there would be a £200 charge for not using their authorised repairer (which is Vella).

Could be worse. The last courtesy car we had was a 2025 Corsa with a boot full of dog sh**. Nice!

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