Who Is At Fault: Reversing Vehicle Accident
A vehicle reversed into you or your car and you want to know where you stand.
A reversing driver usually carries more of the blame, since their view is reduced and they must check thoroughly before moving. This does not make them fully at fault in every case, because the court looks at what each driver did.
See who is at fault and making a road accident claim for the general picture.
Where do reversing accidents happen?
- A car reversing out of a parking bay into a passing vehicle
- Two cars reversing out of opposite bays at the same time
- A vehicle reversing out of a driveway onto a road
- A driver reversing to correct a missed turning or exit
In each case, the reversing driver’s checking is usually central.
How is fault usually assessed?
A reversing driver must check mirrors, cameras and blind spots thoroughly, more than when driving forward. Moving without doing so weighs heavily against them.
This is not absolute. A vehicle speeding through a car park lane, or parked where it should not be, can carry part of the blame.
What evidence decides a reversing case?
- Dashcam or reversing-camera footage, see dashcam evidence
- Car park or driveway CCTV
- The exact position of both vehicles after the impact
- Skid marks or the lack of them, showing whether either driver braked
- Witness accounts from anyone nearby, see witnesses and CCTV evidence
- The police report, where one was made
Car parks often have their own CCTV system, which is worth asking for before it is overwritten.
Were you partly at fault?
If you were driving too fast through a car park lane, or parked somewhere unclear, a court can reduce your compensation for that share rather than end the claim.[1] There is no fixed percentage for this.
See how contributory negligence works for the general rule.
What to do at the scene and after
- Check for injuries and move to a safe spot if you can.
- Lodge a police report within 24 hours, particularly if there is an injury or dispute over fault.[2]
- Photograph both vehicles’ final positions and any skid marks.
- Ask the property or building management for CCTV footage.
- Exchange details and notify your insurer without agreeing on fault at the scene.
If the damage is limited to your vehicle, property damage claim explains that narrower route.
If you were injured or the other driver denies reversing, an independent lawyer can take the claim on. Send the accident date, where it happened, whether anyone was injured (yes/no), and the police report status.
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.
Common questions
Is the reversing driver always at fault?
Often, but not always. A reversing driver is expected to check thoroughly before moving, since their view is reduced, which usually puts more of the responsibility on them. This is not automatic if the other vehicle was also moving carelessly at the time.
What if both cars were reversing at the same time?
This does happen in car parks, and the court looks at each driver's speed, checking and awareness. Both drivers can end up sharing responsibility depending on what each one actually did.
Does it matter if it happened in a private car park?
The location does not change the basic fault test, though a private car park may have its own signage or one-way system that is relevant. The same evidence and reporting steps still apply.
What if I was walking behind a reversing car?
A driver reversing has a duty to check for pedestrians as well as other vehicles. If you were hit while walking behind a reversing car, this is usually assessed heavily against the driver, though your own position and visibility are still part of the picture.
Sources
- Low & Partners, on s.12 Civil Law Act 1956 (contributory negligence) (accessed 2026-09-22)
- AskLegal.my, on Road Transport Act 1987 s.52 (accessed 2026-09-22)
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.