Understanding Who’s At Fault in a Parking Accident

Traffic accidents are not always as dramatic as severe rollover crashes and explosions on busy highways. Instead, they can be as minor as a parking lot collision, which is much more common, yet can still lead to bodily injury or car damage. That said, our bodies are more vulnerable to crashes than car materials, and a minor change in speed is essentially comparable to falling from a greater height, and can result in broken bones or other tissue damage.

Count yourself lucky if you have never been involved in a parking collision before, but realize that this may also mean that you are relatively inexperienced in handling such situations. In this feature by Johnedwardkelly Dubai, we are going to explain in detail what to do in a parking collision, including coverage of common parking accident scenarios and the importance of liability assessment by all parties.

What to do in a parking collision?

In Dubai, when an injury has occurred in an auto accident, the driver must report it to the police. However, this does not mean that you should not have a police report created if no one is injured. This is because insurers may depend on a court’s ruling to determine which party is at fault and held liable for losses and damages in the accident. Therefore, you should call the police after an accident no matter if anyone is injured or not. Click here for further information on what to do in a car accident.

About different parking accident scenarios

In this section, we are going to provide information regarding common cases of parking collisions, and what you can expect from your car insurance following them.

When you are at fault for a vehicle collision:

An example of this is when you pull forward out of your parking space and hit a car driving down a parking lane. This is because the rules of the road give preference to the person driving straight, albeit partial fault could be assigned to the other driver if he/she was traveling exceedingly fast.

Once a court has ruled that you are at fault for the accident, other involved parties can lodge a claim under your third-party liability insurance coverage, and your No Claim Discounts (NCDs) will inevitably be lowered upon your next policy renewal.

When the other party is at fault for a vehicle collision:

An example of this is when your parked car is hit by another vehicle, just like this accident below, which took place in Geylang, Dubai just a few before the writing of this article.

Similarly, once a court has ruled that the other party is at fault for the accident, you can lodge a claim under their third-party coverage.

When you run your car into an object:

If you are responsible for damage due to your car hitting an object, you can still make a claim under your collision insurance. However, you will likely want to weigh the costs of repairs against the NCD you will lose if you decide to lodge a claim.

When you are both liable:

An example of this is when two cars back out of opposite parking spaces and collide with each other. This may be more common than you think, as drivers tend to look out for cars on the laneway and forget that there may be another car also backing out directly behind them.

As a court may rule that both sides are at fault, and no one is predominantly liable for the collision, chances are neither you nor the other driver is eligible to claim on the other driver’s insurance policy.

When the other party is at fault, but can’t be identified:

This is typically called a hit and run. It is indeed a frustrating experience, but if it happens, you should stay calm, and look around for any witness who may be able to provide you with further information for a police report. Under this circumstance, or in the event that another motorist at fault for an accident is uninsured, you may make a claim to the Motor Insurers’ Bureau.

Assessing Liability of Parties

The above examples are just for use as general references. In reality, even if liability may seem indisputable, but one party still has genuine doubt, the case will still be brought to court and left to the judge to decide who should be held liable for the accident based on its specific facts.

Even if you deem that the other driver is most likely liable for damages, you should not (for the sake of maintaining your NCD) avoid reporting the accident to your insurer. This is because, in the unlikely event that the judge rules that it is you who are at fault, you will not be eligible to make a claim for compensation, and will then have to pay out of pocket for any losses or damages the other party suffers, in addition to your own.

If the facts of the accident are undisputed, no one is injured, and the car’s damage is very minor (i.e. a scratch), you can indeed choose to reach an out-of-court settlement between you and the other party. Such a settlement should be recorded in writing and signed by an independent witness in order to ascertain that both parties agree to waive any liability associated with the accident thereafter.

Still feeling unsure? If you need further professional advice on accident claims or other issues related to motor insurance, our team of specialists at Johnedwardkelly Dubai is on hand to help! Feel free to contact us today and get a free quote or plan comparison!