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-   -   Accident...but don't know whose fault (https://www.revscene.net/forums/610561-accident-but-dont-know-whose-fault.html)

waddy41 03-30-2010 10:38 PM

Accident...but don't know whose fault
 
http://i42.tinypic.com/23wp4t2.jpg

This is where it happened...
Basically I wanted that maroon car's spot but the driver hasn't left yet, so I stopped behind the taxi. For about a minute, I had my right signal on and was in reverse (therefore my reverse lights were on). Everyone knew that I was waiting for the spot. Once the maroon car left, I backed up. However, a car snuck in behind me and tried to enter into the parkade. I hit him. Witnesses also said "He hit you, it's his fault."

I tried looking on the ICBC website but it offered no help. They say whoever's backing up is at fault. However, I did signal and was in reverse the whole time I was waiting for the spot.

So whose fault is it?

JiggaZed 03-30-2010 10:40 PM

Yours.


/thread.

Mods, please lock, thanks.

1exotic 03-30-2010 10:44 PM

It's your fault. But I'm disappointed at the car trying to "drive" into the parkade... if he drifted into it, this whole situation could have been avoided.

waddy41 03-30-2010 10:47 PM

that was a taxi van i hit.....
he was pretty calm...and it seems like that same spot has been hit at least twice before...so maybe he won't make a claim.....hopefully...

rawr 03-30-2010 10:59 PM

your fault for not making sure it nobody was behind you

Big-Lee 03-30-2010 11:10 PM

It was your fault because you backed up onto him. That is how the legal system works it sucks but its true

waddy41 03-30-2010 11:12 PM

DAMMIT i know this sucks

technically it's my fault....although he wasn't stopped behind me, we were just trying to occupy the same space at the same time..

but common sense should tell us not to go behind someone who has their reverse lights on...

Fafine 03-30-2010 11:16 PM

Quote:

Originally Posted by waddy41 (Post 6887606)
DAMMIT i know this sucks

technically it's my fault....although he wasn't stopped behind me, we were just trying to occupy the same space at the same time..

but common sense should tell us not to go behind someone who has their reverse lights on...


dont you remember taking your test, they tell you to check 360 before backing and while backing youre suppose to look BACK?

Qmx323 03-30-2010 11:16 PM

yeah well ICBC doesnt really go by common sense

chongb 03-30-2010 11:21 PM

an alternative solution
 
call the guy up, buy him some beers
may be he will leave it.

ShyGuy 03-30-2010 11:22 PM

and you should have waited behind the maroon car if you wanted its spot..

fishing666 03-30-2010 11:29 PM

it's your fault. sorry guy

if you wait for a parking spot..you wait behind the car
wait for the car to leave
drive slowly forward then slowly back into the spot

Domani 03-31-2010 08:08 AM

he's an ahole for taking ur spot, that's pretty much it.

twitchyzero 03-31-2010 08:21 AM

^ he tried to enter the parkade..not taking his spot (streetparking)

sorry OP..sounds like you are at fault for not making sure it's clear to start backing up.

it's also best not to admit to any liability right now..you never know when icbc comes on the internet to try and find additional information.

also, where did he hit you? if it's straight bumper to bumper you'll likely to be at fault but if he hit on on the left side you may still have somewhat of a fighting chance with the witnesses.

waddy41 03-31-2010 09:25 AM

thanks twitchyzero...
my left rear made contact with his left fender...
the orange mark is from the taxi

http://i41.tinypic.com/vyuxrp.jpg

i was hit again later that night....the white mark you see on the left is from a hit and run...i guess someone smoked me when they were leaving the spot behind me...i guess all i have to pay is the deductible for the hit and run...

Phil@rise 03-31-2010 09:35 AM

Anytime you are going the reverse of traffic flow IE driving backwards it is your responsibility to ensure it is done in a safe manner meaning look both ways before backing up

StylinRed 03-31-2010 09:46 AM

Quote:

Originally Posted by waddy41 (Post 6887606)
DAMMIT i know this sucks

technically it's my fault....although he wasn't stopped behind me, we were just trying to occupy the same space at the same time..

but common sense should tell us not to go behind someone who has their reverse lights on...

that's like saying people trying to back out of their parking spaces in parking lots have the right of way... your not supposed to back up until its clear

Pt20 03-31-2010 12:11 PM

if you wanted the maroon cars spot.. shouldnt you have waited behind him with your signal on...

Domani 03-31-2010 12:19 PM

Quote:

Originally Posted by twitchyzero (Post 6887934)
^ he tried to enter the parkade..not taking his spot (streetparking)

sorry OP..sounds like you are at fault for not making sure it's clear to start backing up.

it's also best not to admit to any liability right now..you never know when icbc comes on the internet to try and find additional information.

also, where did he hit you? if it's straight bumper to bumper you'll likely to be at fault but if he hit on on the left side you may still have somewhat of a fighting chance with the witnesses.

opps fail on reading.

zulutango 03-31-2010 01:15 PM

"Caution in backing vehicle
193 The driver of a vehicle must not cause the vehicle to move backwards into an intersection or over a crosswalk, and must not in any event or at any place cause a vehicle to move backwards unless the movement can be made in safety."

Your problem with ICBC not holding you responsible...is that you were responsible. If you hit someone you didn't make it in safety. A car moving forward into a legal parking space is doing nothing illegal.(..that would be the car you backed into)


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