Car Accident Liability: 50/50 or More?

Questioner

My neighbor backs out of her driveway. I come off the road and turn into the driveway. She apparently didn't see me and hits my car in the side. Is my maneuver a special one and is it therefore 50/50 fault or is she 100% liable? I was already almost completely in my own driveway.

Lawyer

You and your neighbor both performed a special maneuver. You are both 50% to blame. It does not matter which special maneuver was performed and whether it was almost completed.

Questioner

Thanks for the quick response. There was doubt whether I was dealing with a special maneuver.

Lawyer

Entering and exiting a driveway is both a special maneuver. In both cases you are expected to pay enough attention to not cause a collision or to prevent one.

Questioner

Madam I received this response from the RB insurer regarding my neighbor's reversing car. I'm sorry to say, but the lady is completely wrong. There is no such thing as a double special maneuver. What am I supposed to do with this now?

Lawyer

Ir/Madam, It is understandable that various messages are confusing for you. However, I still maintain that - if I have understood your story correctly - a different distribution of blame than 50/50 would be appropriate in this case. Both entering and leaving a driveway and reversing are special manoeuvres, in accordance with article 54 RVV. Your neighbour left a driveway and drove backwards, while you drove forwards into the same driveway. You assumed that your neighbor had noticed you, because she was still standing still, but you were still very careful. I understood from you that your neighbor did not see you at all and therefore apparently did not take enough care/attention. When both parties perform a special transaction, a 50/50 division of blame usually applies. However, there may be exceptions, depending on the specific situation, which may justify a different division of blame. In the case of you and your neighbor, there seems to be such an exception, because more attentiveness/caution could have been expected from your neighbor. I can imagine that, from a social point of view, you would still choose a 50/50 arrangement, but legally speaking, in my opinion, you are in a stronger position than your neighbour. I wish you success and a settlement that feels fair to both parties.