A car was travelling from west to east. I was parked in bay 3. She spots a parking and decides to reverse 3 car bays to get into parking bay 1 A. I was reversing to come out and despite my hooting she continues to reverse and bumps my car at about bay 3A. She claims that I did not signal ( DO you signal when you reverse out from a parking bay?)
Whose fault is it? This happened in a parking lot.
Objectively both of you were reversing at the same time. Granted that you did not see her reversing from 3 bays but nonetheless both still reversing.
The court would place the same duty of care to both of the drivers.
I would suggest if the damages (the amount) is the same each to carry their own. But if it differs substantially the apportionment should be 60/40 in your favour.
Cornê van de Venter