I need some advice regarding an accident I was in the other day. I was parrallel parking and another car drove into me. I came to a stop next to the car that was to be in front of me and put my turn signal on and put the car in reverse. I looked to see that no cars were coming and that I had time to park, which I had more than enough time, so I proceded to start my parallel parking. Since all traffic was clear, I was watching the cars that I would be parking between and was not aware of any car approaching, until it hit me.

We left the cars how they were and the police were called. When they arrived, they called the accident specialists because it was unclear to them what exactly happened. After statements were given and the specialists measured and took pictures, it was determined that both cars were in motion. They determined that the accident was my fault because the law states that when a car is in reverse, they do not have the right away. The police agreed that what the other driver did was wrong, but they have to go by the law (they claimed they tried to think of a law that the other driver broke, but couldn't come up with one). I do not have eyes in the back of my head so there was no possible way for me to avoid this accident. The police told me that the accident report would be sent to a judge and he would make a final determination as to fault and fines.

Since neither my husband nor I speak German or French, we had to take the police officer for his broken English word that he was relaying the truth to us. The car is my husbands company car, which we will be responsible for the deductable but I am curious about the other fines. The accident, though technically it was, it really was not my fault. It was unavoidable on my part but not the other driver. All he had to do was wait 3 seconds for me to finish my parking job and he could have saved us lots of time and money.

They told me that after the judge makes his decision (which could take 1-3 months they say), if I am in disagreeance with it, I can get a lawyer and talk to the judge about the ruling. I am leaving on the 21st of March to return home, so I won't be here to dispute my case and I really want to! Unless my husbands job returns in the fall, I will not be returning to Switzerland.

Can anyone think of any law the other driver may have broken? Any information you can share with me would be greatly appreciated. I really do not want to face any fine because I really do not feel that this is my fault or responsibility. My husband asked the police officer that if we wanted to, we could ram into another car that is going in reverse and it would be their fault because that is the law. They said yes. How does that make sense? Isnt that what no fault insurance is for? Maybe some of our information is wrong because of the language, but again, I would appreciate some of your insight.

Hi,

I don't know the full specifics with your case but what I can say is that you will probably face a fine for not being "in control of your vehicle". As the policeman said, you can contest this, all it will do is reduce your fine...

This also applies if you have had an accident involving noone else. I had an accident in which I crashed into a wall with a scooter, the scooter and wall were fine, I landed in hospital for 1 week... I was fined for this to the sum of 2800.- I contested and the fine was reduced to 1000.- The judge told me a story in which a man had reversed and run over his toddler who was killed... He too was fined.

If the police had their accident specialists in to look at what happend, I doubt you will have any luck with contesting and be prepared for a BIG bill from the police for their time.

I can't comment specifically on how this works in Switzerland, but I'm pretty sure the person reversing is automatically considered at fault in many countries. Exactly the same situation happened to me (but not parking) in another country.

In my case the police told me that if it went to court since the situation was a little "unclear" then no liability would be assigned and both parties would pay their own costs. Since it comes down to insurance companies arguing with each other they usually just have agreements to settle this among themselves.

My advice would simply file the insurance claim and write down everything that happened and let them worry about it. Would it really be worth fighting about it in court (where you might lose)? Ultimately it will be an insurance issue unless criminal charges are filed.

Just a quick question - how long was it between when you stopped and put on your reversing lights and when you were hit? You didn't see him coming at all? I presume you were looking over your shoulder and not reversing using your mirror?

If the other person really did drive into you coming from afar while you were executing a normal reverse park, it does sound very unfair. Isnt it driving without undue attention on their part too.

Good luck.

Daniel

"Just a quick question - how long was it between when you stopped and put on your reversing lights and when you were hit? You didn't see him coming at all? I presume you were looking over your shoulder and not reversing using your mirror?"


I stopped and immediately put my car in reverse. I looked for other cars and began reversing. This time frame was about 2 seconds. I saw him far enough back that I had enough time to park. Yes, I looked over my shoulder, not the mirror.

If I take your time estimate literally, assuming the other car was doing 45. You said you "stopped went straight into reverse and 2 seconds later were hit"

At 45kmh the other car would have been about 25 meters away, and at that speed the normal stopping distance would be about 25 meters too.

If the other driver just thought you were stopping, not about to reverse, I guess they could well have hit you even with their wits about them. Put like that it does sound a bit like you were quickly stopping and quick trying to nip into a space. A bit too quickly?

Daniel

No, I was not doing it a 'bit too quickly'. I did all the things that you are suppose to do. He was well enough behind me to see my reverse lights, turn signal, and there was plenty of time for me to complete the parking job before he was to approach. What he was doing, I do not know, maybe not paying attention. I just feel that it is unfair that I am faulted, having done things properly. After you have checked all angles and you start to park, do you watch for oncoming traffic or the cars you are parking between? I do not have two sets of eyes. Like I said in my first post, according to Swiss law, I can be driving forward and if I feel like ramming into a car who is going in reverse, I will not be the one at fault because the other driver is in reverse. That is what no fault is for.

Sorry, but I don't think you should fight this based on risk, effort involved and plain common sense. There is no country I know where the responsibility is not on the driver who is reversing.

If you reverse, you have to give way to all approaching traffic, ergo, you even saw him coming! which means as soon as you admitted that, it is clear the fault lies with you.

I don't see how any judge could wave away your responsibility to be honest. But of course this is just my opinion...

Well, this thread has certainly made me nervous to park on my street! I live on a four lane plus parking lane road. Parking is at a premium on the street, and trying to park anywhere near rush hour is hell. I often pull over, blinker on, and sit in reverse to wait for all of the cars to clear so I can park. But then you get the idiot who sits there behind you flashing his lights, forcing you to go ahead and park when you're not ready. People then pass you very close, still partially in your lane...and if you're not careful, you will hit someone who is passing you.

From now on, I'll just have to be bullied, sit in a non-reverse gear and hope that if I'm going to get hit, it is while the car isn't in reverse.

*sigh*

Ever feel like your every movement is being watched and scrutinized and rules arbitrarily set forth and enforced?

__________________

I sympathise that you are frustrated with this situation. However, unfortunately you will not win anything if you take it to court as this:

proves that you are at fault... As I remember from my driving lessons, when parking you must watch all other road users and stop your parking manouver if you see any vehicle approach unless to stop to give way to you...

However, I must also admit that I might be wrong (I am a classic "lady" parker and so I am first to admit I'm not very good at it )

Whoa, stop Lynn, don't admit to being a stereotype. You amongst others have a problem with parking.full stop.

Yes you're quite right! Sorry ladies . Its just that the parking spaces in Switzerland are so darn small...

That's for sure. There's not a car that parks on our street regularly that doesn't have some sort of scrape or bump or ten from other people's parking habits.

If you live on the flat, you can take the milanese approach. Leave the car in neutral and handbrake off, then anyone nudging you from back or front does less damage.

D