Liability in traffic accidents

Questioner

On June 27, 2016 I had an accident. I myself was in a parking space, had driven 1 meter forward and saw a car reversing towards me from the left. I stopped and wanted to reverse again, but this was too late. This caused damage to the front left side of my car. The insurance company now states that the situation falls under a special operation that only ends when 25 meters have been covered. We are both equally to blame, says the company. I certainly don't feel half guilty, partly because the other party was driving backwards. Can you tell me if this feeling is correct?

Lawyer

Anyone who violates a legal (traffic) rule is liable if there is a clear connection between that behavior and the damage. The damaging behavior must be culpable. For example, anyone who violates a legal rule in a force majeure situation is not liable. Driving through a red light is a well-known violation of the law. If you suffer damage as a result of this behavior, you will have to prove that the other person drove through a red light. If they deny this and you cannot prove that they are lying, then you will – unfortunately – have to bear your own damage. The legislator has defined a special category of traffic actions that require extra attention from the driver, the so-called special manoeuvres. You know them: driving away, reversing, leaving an exit, entering an entrance, turning, merging and changing lanes. If you perform such a special manoeuvre and it goes wrong, you are almost always liable. Even if the other road user was not so smart or was simply pushing on. Only in the case of very clear misconduct by the other road user will the judge conclude that the accident was not due to your actions. If you wish, you may contact me directly.