Moped liability: who is responsible?

Questioner

Can someone explain to me who is liable for the damage to the moped in the following case? Car (A) drives backwards with a left turn from a parking bay towards the oncoming moped onto the public road. Moped (B) has to brake hard and avoid due to this 'special action', and falls as a result. The moped has damage to the hood on the right side due to a fall. The moped did not hit the car due to the quick response. Who is liable for the damage to the moped?

Lawyer

Based on your story, I consider car A liable. It performed a special maneuver and should therefore give way to all other traffic (Article 54 RVV). Whether car A is fully liable will depend on all the circumstances of the case, such as: how fast the moped was going, what was the visibility, etc.

Questioner

Thank you very much for your response. There were no special circumstances. dry, clear and max. speed 25 km. There is only one certainty. If I hadn't braked or braked later, the scooter would definitely have been AGAINST the car.

Lawyer

If there were no special circumstances, then the car is indeed liable. An actual collision between the car and the moped is not necessary. Good luck!