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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44184
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Second opinion] I have collision damage on my car and

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Second opinion] I have collision damage on my car and another car and I'm not certain I can be wholly or even held responsible. I was backing out of a car space of a Coles car park, not a huge one but has several entry/exit points and one was behind where I was parked. This entry/exit is also just off a main busy road and cars wiz in and out. So I'm backing out slowly, but not so slow that someone would get annoyed and go around me, and have checked all mirrors looked over my left shoulder which also gave me a good view of the entry/exit to car park from the street and there was also no cars in the two spaces to my left or the three spaces to my right. I'm checking all as I continue to back out and half way out I hear a crunch and see a white station wagon beside me and I've collided the front drivers side corner of my car with passenger side of the white Station wagon on my right. Physical evidence shows a scape mark across the front passnegr door of the white station wagon and then a medium sized dent and paint damage to the rear paasnger door consistent with a scrape and a crunch. Young fellow says to me, "Yeah I pulled in as you were pulling out. I just watched it happen." I'm a good 20+ years older than this young fellow and thought "why wouldn't you just wait and let me get fully out if you can see better than me? What's the hurry to get in to a spot right beside me and why right beside me when there's plenty of other spots available and closer to Coles if that's where you're going? Why wouldn't you sound your horn to let me know, if you just watched it happen? I'm trained to drive vehicles without any rear view mirror but as it was my pwn vehicle with rear view mirror and rear and front sensor and a rear camera I checked all mirrors, look over shoulder, use my peripheral vision also and It's annoyed me as I'm thinking I have to be responsible for this when I'm not sure there was much more care I could have taken and most people I've asked this of hypothetically have said they'd just have waited (without them knowing I had actually done this) and I feel that a responsible and prudent thing to do is to wait when you have the better vision compared to someone backing out. Can you advise what the situation from this scenario would be. I've said to young fellow to get me quotes on repair of his vehicle and I'm just getting all advice I can before seeing if I should put it through insurance. I haven't admitted any liability as I don't think I should be held responsible and the most I would be prepared to admit is contributing negligence. If that makes sense?JA: OK. To minimize me, please click the down arrow at the top right corner of this box.Customer: I don't have a button or arrow to click??JA: What state is this in? And how old is the car?Customer: NSW, my car 2008 Hyundai Tucson, young fellows car 2005 Subaru Liberty S/Wagon.JA: Has anything been filed or reported?Customer: No, not to insurance and no need to report to police anymore due to minor collisionJA: Anything else you want the lawyer to know before I connect you?Customer: Can't think of anything at the moment.
Customer: replied 1 month ago.
Photos added. Please note I don't really want to be told what you think I'd like to hear.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Good Afternoon

The white vehicle was parked next to yours?

Customer: replied 1 month ago.
The white vehicle pulled in on my right as I was reversing out and looking in all mirrors and over left shoulder. My view to my left was wide as there were two empty spots to my left and three empty spots to my right. I was pulling out slowly but not too slowly to be annoying enough for people to think they could duck around me and an entry/exit to the car park was behind me also slightly to the north and cars wiz in there from a busy main road. I was checking all mirrors, over my left shoulder, side mirrors, checking mirror and to my right to see if anyone was coming from that way and while I was looking behind me and to the left the white car has pulled in as I was coming out. I couldn't work out why he had to chose the spot directly beside me and pull in while I was coming out and then said, "Oh I saw you coming out and I just watched it happen." Didn't sound his horn. Rather annoying.

Good Morning.

When you heard the crunch were they parked or still entering the parking spot?

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