Liability for Damage: Free Legal Advice

Questioner

My neighbor's house and mine are separated by a carport with a parking space for each of us. I drive into the street with my van and want to turn left to park under my carport and drive at walking pace. I see the car of the neighbors standing under the carport with reversing lights on. I drive at less than walking pace to assess the situation and notice that the car is standing still. I think: they have seen me and are letting me park the van. As I turn in, the neighbor's car reverses. I must have been visible to the driver at that moment. In order not to be hit full in the side, I accelerate in the hope of avoiding a collision. However, it goes just wrong and the car grazes my van on the left rear with its right front. To my surprise, the neighbor's car then drives away 'normally'. The neighbor, who turned out to be driving the car, had not noticed anything at that moment, as it turned out later when I asked. The neighbor asked me to have the damage assessed. He would then reimburse it in connection with his claim. When he heard that the damage would amount to around €1000, we decided to fill out a damage form anyway. Ahead of the outcome: who is wrong?

Lawyer

Driving into and out of a parking space, driveway, etc. is a special operation. The person who performs a special operation is liable for the damage that results. If I understand your story correctly, you were parking and your neighbor was reversing at that moment. Then you are both performing a special operation and the division of blame will probably be 50/50.

Lawyer

When driving into and out of a driveway, you must give way to other drivers. In this case, you could therefore say that you are both 50% liable. However, because your neighbor was driving in reverse and thus performing a (second) special maneuver, without paying attention to what was happening behind her, while you were very careful, I can argue that the division of blame should be different, in your favor.