Liability in the event of a collision: What to do?

Questioner

At the site of a petrol station I turned left to leave the site. To my right is a fenced-off industrial estate, closed off with a gate at night. While turning left, a car comes out of the industrial estate and hits my car. Did the car have priority here, or was it an exit? For the time being, liability has been placed on me. What can I do to start an effective objection to the decision?

Lawyer

Unless otherwise stated, the normal priority rules apply on the business park. This means that traffic from the right has priority in principle. You must dispute liability if you believe that you had priority. You can substantiate this with witnesses etc. If you wish, I can assess liability using the accident form.

Lawyer

In your case, it really comes down to the facts and circumstances. Based on your story, it is impossible to make a statement about liability. More information is simply needed for that. For example, did you and the other party fill out an accident report form after the accident? Are there photos of the accident site available? In terms of evidence, the other party will have to demonstrate that you are liable. In principle, article 150 Rv applies to this. The party that relies on legal consequences of facts or rights it claims bears the burden of proof of those facts or rights. This also applies to you if you believe that the other party is liable.