Liability in car accidents | Legal aid centre

Questioner

Ir/Madam, I have a question about insurance/a car collision that happened a while ago. I was standing next to a tree, unloading my car, behind my car was a stationary car. I get into my car and drive forward at walking pace, while the other car (Car - B) hits my left rear door hard. This car was driving backwards. Who is liable then? To make it a bit clearer, I added a picture, to give you a clear picture. Thanks in advance. See photo: http://s3.postimg.org/ko4czprxf/schade.png

Lawyer

Judging from the drawing, it appears that car B is liable if it reverses into your door while you are driving forward.

Lawyer

Dear questioner, Based on your description of the circumstances, car B is liable. Reversing is a special manoeuvre (article 54 RVV). The reversing car should have let other traffic go first. Good luck!

Lawyer

It seems from the drawing that if A's driving away from a stationary walking pace can also be seen as a special traffic manoeuvre, in addition to B's reversing, then there can be 2 guilty parties (there is no mutual ranking between the manoeuvres). This means that there can be a 50/50 division (or another division depending on the exact circumstances) of the damage. Otherwise B is liable on the basis of the main rule (art. 54 RVV).