Damage during parallel parking, reversing and turning

To drive a car you must regularly perform special maneuvers and backwards, turn, inserting or changing lanes. But who is now responsible for the occurrence of the damage and in such a maneuver results in a collision. The answer to this question is further explained in this article.

What is a special maneuver?

Article 54 of the RVV gives an example of the most common special maneuvers such as:
  • Starting off
  • Reversing
  • From an exit on the road driving
  • From the road driving into an exit
  • Turn
  • Insert
  • Grouting
  • Change of lane

However, that listing mentioned in this article are just a few examples indicating that there are more special maneuvers are possible.

The main rule

RVV Article 54 states that a person who carries out special maneuvers all other traffic must let go for. When to let the other is meant here to provide free passage and allow unhindered running the race. If a person with your particular maneuver so for example, must give in order to be able to pass, there is already talk of bother. Failure to meet the obligation of another grant free passage will mean in practice that the person who performed the particular maneuver is fully responsible for the occurrence of the damage. It is not so that the fulfillment of the special maneuver in itself provide for the creation of the liability, it may be an indication of liability. The fact that a person can be blamed for this not sufficiently careful not to obstruct other traffic ensures that the person who performed the particular maneuver is liable.

If both parties perform a special maneuver?

When two vehicles collide with each other because they both backward uitparkeerden, then both vehicles will be responsible for the occurrence of the damage. It is not that the one who was already more unparked or the first to uitparkeren began. In practice, it will be that such harm 50/50 be settled, either party can make 50% of their own loss stories together.
If two vehicles carrying several special maneuvers which causes damage will often question of a 50/50 distribution. It's not that one particular maneuver outweighs the other. However, a different distribution of damage is feasible, depending on the exact circumstances of the case.

Examples of exceptions

Each headline exceptions of course brings with it, as well as the rule as outlined in Article 54 RVV.
For example, it may be that the opponent makes mistakes. It is for instance a situation where one person wants to go. He looks around and sees that the path is completely free. During this maneuver, however, is paid under a collision because the counterparty with a very high speed by a slight bend in the road is hit. In this case it was for the one who performed the particular maneuver impossible to perceive the counterparty at the start of his maneuver, and when he could do during the maneuver he could not take any more action. In this case, surely some debt and maybe even come all the blame lie with the person who was driving too fast.
Another situation that leads to the breaking of the main rules is exculpatory standstill period. It is the special maneuver already initiated but interrupted for a longer period of time. There is for instance a situation where one person wants and maneuvering his vehicle has been put into reverse. Because he sees the party he interrupts his maneuver and is a long time still to give the other vehicle the free passage. In this case, will generally be the entire liability for the person who hit the stationary vehicle. This should then of course turn out to be proven from the documents or by means of legal evidence.

Conclusion

As the foregoing makes clear the main scheme seems simple, and it will usually apply. The specific situation, however, can mean that there is a whole other debt distribution. It is therefore not recommended to treat such damage without any experience. If you do not have your own insurance or legal expenses insurer that the damage can handle for you then it might be interesting to look at let your damage by an expert claims representative or to submit to a claims office so that matters to you most maximum results can be achieved. In many cases, this may also be a further, free of charge.
Comments (18)
25-01-2018

Hello, yesterday had an accident in a parking space. I drove back and saw someone coming, I give precedence. Other drivers without a flashlight on so seems to drive. I make my way back and comes with the nose of the car collided with another car entering a parking anyway. To whom is it recovered? Sincerely.

25-01-2018

Were parked in the car. Saw the car but did not turn the error by the parked car. So a small collision. But can I also something to throw back because of the illegally parked car? Because not even got to drive out of the box?

25-01-2018

Question; Yesterday I had an accident. Crash went like this I B car driving on the road and searched for a parking space. I saw one on my side of the road looked in my mirror and neatly around me, nobody. I then put my car I zn backwards to drive towards that parking space. No sooner said than done. But a second later driving car A backward from a parking left me and went to the side of my car. I was not quite quiet because I saw nothing behind me. Easily spotted is quite scraped my side. Who is wrong here? I was standing on the far right road. A car and never would have seen it coming. Now we drove both backwards but I believe that car A had to give me priority because one: it runs from a parkeervak2 He had me to give the ride to make way again for another traffic anyway Who can help me?. Mr. Car A has true separation body 800 worth of damage. I whopping 3000+ schade.Groet mike

25-01-2018

Question; Laats have had an accident with my car a total loss is hit. Drove a car for me which drove very slowly because he could not find the way, I caught up with him on a path where it could and was not speeding. When I rode beside him turned to this man because he wanted to go without indicating direction. bumped into me so I slammed into a tree. Now the party against which both parties pay half. While the law handholding insurance had told us that he was guilty because he first had to indicate its direction and had to look over his shoulder, which he did not gedaan.En now our insurance has already paid half of its damage without to consult with us. WHO is really guilty? Fri gr

26-01-2018

Question: My son went into a reverse parking garage. He was already doing so when another crashed into him. Entire right door dented. When he started parking the other was not yet in sight. In addition, the counterparty also drove once too hard. Nor could my son not grant passage because it was too narrow for that. He had to first finish its move to allow the other passeren.Wie is liable for the damage.? Fri gr

27-01-2018

Good afternoon, I got a vraagik parked on the left side of the lane, I looked to the left came to nothing drove a piece on the roadway to the right and then look also came to nothing. when I looked left again came a scooter from nothing. I waited stopped so that the scooter could drive by, but they ran out of brakes or swerve right to my car and collided head-on mij.mijn question is who is wrong now. b.v.d Edwin sexton

27-01-2018

Recently it drive out of my driveway, I almost had a collision with another vehicle. This vehicle comes with a t-junction to the right without indicating direction! Who is in this case guilty? I expect it is that the car is going straight ??

27-01-2018

And if the other half and now comes your turn in a special way street, nm reverse gear? One can expect from me is that I love this into account when I drive a lot back, but if you stand by the side?

28-01-2018

I drive backwards parking space on a pakeerplein get a car behind my car down when I rijdde back I had an accident: damage to the car along kwamop pakeerplein. I owe for the damage or how much%

28-01-2018

Our car is approaching in the private parking space behind our car parked a car with two wheels on the sidewalk when reversing my wife has not seen this car, a slight collision is the result, now my question is, should this car park on the sidewalk behind our car and who is exactly is wrong?

28-01-2018

I have a question, I drive a car park on site there are plenty of free courses to both left and right parking for my car comes along and ride for along the box to my right at that moment. I go left and park in the parking space between two empty boxes. turn engine off and get out with a foot and just when I want to completely exit ramp that other car my bestuurdersdeur.en give even once gave, it appears that driver tezijn of net. still says' do not you see that I want maneuvering "but this really happens after I passed him completely and been parked've sold my motorcycle and uitgestapt.wie is right.?

29-01-2018

I have a question or my situation also spoke of a uitzondering.De situation is as follows I wanted uitparkeren and drove back I was a quarter of the parking space when I saw a cheap out of the parking space across the street on me came from. She did not stop and rammed my car. I have a big dent on the left wheel arches of my car the cheap only three had nothing lacquer steepjes the bumper.Ze stepped back and said sorry I did not even realize I slammed I saw it on transient people who gobble when I saw it pass. We had no damage bijde form with us. I got her phone number and listed its nations and has given her mine. I am the next day went to her to fill in the claim form and sign it. When she spoke differently and it was my fault. I have a witness to the accident, which confirms my story. Now writes her assurance to me that it is a debt distribution of 50-50. I find that very strange because I had already stopped and the cheap then rammed me. This falls under an exception?

30-01-2018

Guilt when struck? I make a special operation by changing lanes. Counterparty ignores an overtaking ban imposed on the spot due to roadwork. Who is liable for the damage from the collision that followed. Counterparty refers to art. 54 RVV. I refer to Rule 62 and 63 RVV Who has wisdom in this?

31-01-2018

I wanted to reverse a parking space in a tweerichtingweg. I had everything here already put into operation. but had to wait for a passing cyclist on my side of the road, I stopped for 15 to 20 seconds. when a car back to my drivers door drove up. who is accountable for it?

31-01-2018

I see two empty parking spaces next to each other I want him in the second box reverse parking, the car behind me did not see it and drive it forward in the other box so that we collide with each other who is there to blame?

01-02-2018

Recently I came out of a parking space. I just stood still to drive away in my rear mirror and saw that another car drove backwards and so therefore I drove up. This car was part of the parkeervak.Het can surely not be that a 50/50 arrangement is being proposed here? The insurance is now asking for additional witnesses or evidence? Perhaps the insurance an easy path we choose as both at the same company have insurance?

01-02-2018

There is done a few special maneuvers shown above, please note: Pulling away from a stop is a separate manouevre, Reversing is another separate manouevre.Voorbeeld: There drive a truck backing-down parking off with warning lights and all to drive while backing out of the parking lot, .Lijkt me out the most logical that a car from a parking lot still should exercise extreme caution, as it wants to drive away from a parking lot, and also while backing. You can as trucks not adequately anticipate the adversary, because you need your eyes while backing to drive in a straight line driving left and right looking. The other party may be as well once the truck is bigger and more visible as the one parked in the row in the parking lot between all the other cars as well as going back rijden.Maw, personally I think that ultimately the parked car two special maneuver allows, versus the truck with his one special maneuver. And I viondt the 50/50 scheme very shortly by the bocht.Namens Gebr. van Eijk, W.F.P. van Eijk

01-02-2018

The law does not distinguish by type of special maneuvers and consequently does not make it any harder than counting the other or to some special maneuvers made consecutively. Moreover, the law makes no distinction vehicles that already participate in traffic or vehicles that do not. Of course, the exact conditions can lead to a different division but usually this kind of case 50/50 will be arranged.