Car park crash not at fault: who pays in NSW?

Why car park crashes are hard to prove

Car park collisions happen at walking pace, often with no one watching. There is no crash noise, no debris field, no skid marks. Two drivers exchange details and drive off, and by the time insurers get involved the stories are opposite and the physical evidence is gone.

Insurers assess car park claims on the balance of probabilities, not beyond reasonable doubt. That means the driver with the better record of what happened usually wins. A timestamped photo of the resting positions, a diagram, a witness name and number, or a CCTV clip will do more for your claim than a strong opinion about who was right.

The other problem is that car park damage is rarely confined to one panel. A reversing prang at 5 km/h can crack a bumper cover, bend a parking sensor bracket, damage a radar unit behind the grille, and knock a headlight mount. On a prestige car, a parking sensor or adaptive cruise radar alone can add days to the repair and parts order.

If you are not sure where you stand, start with our plain-English guide to what not at fault means in NSW. It sets out the difference between fault, liability and who actually pays, which is the distinction that matters in a car park dispute.

Reversing, bays and the road rules

Road rules apply in car parks because car parks are road-related areas. The driver reversing bears the heaviest duty: you must not reverse unless it is safe to do so, and you must give way to vehicles already in the lane. That single rule decides most car park claims.

Common scenarios and how they usually land:

• Both reversing out of opposing bays. Both drivers share fault unless one was stationary and clearly visible. Insurers often split it.
• You are reversing, they are driving down the lane. You give way. The lane has priority.
• They reverse into your parked, unattended car. They are at fault. Get their details from the note they left, or from centre management.
• Two cars turn into the same bay from opposite directions. The driver who entered the bay second, or who failed to give way, is usually at fault.
• Door-to-door scrapes in a tight row. Fault is often 50/50 because neither driver can prove the other moved.

At Westfield Bondi Junction, Chatswood Chase, or the Broadway Shopping Centre on a Saturday, the reversing lanes are narrow and the sightlines are blocked by SUVs. If you cannot see past the car next to you, reverse slowly and stop the moment you see movement. A 10-second pause is cheaper than a disputed claim.

Getting camera footage before it is wiped

CCTV retention is the single biggest deadline in a car park claim. Most shopping centres overwrite footage after 7 to 30 days. Some keep it for 48 hours. If you wait for your insurer to request it, it may already be gone.

Act on the same day or the next morning. Here is the sequence that works:

1. Photograph the scene, the bay numbers, the lane markings, and any signage about cameras.
2. Ask centre management in person for the camera location and a contact for the security contractor.
3. Send a written request by email the same day, with the date, time, level, bay number and your registration.
4. Ask them to preserve the footage, not just review it.
5. Keep a copy of the request and any reply.

If you have a dash cam, pull the card now and copy the file. Loop recording overwrites old clips, and the clip you need may be gone after the next drive. If your car has sentry or parked-recording mode, check the app before the buffer clears.

If the other driver denies fault, the footage is often the only thing that settles it. For a broader view of how insurers handle these fights, see common reasons an insurer disputes a hire car claim.

Shopping centre management and CCTV requests

Shopping centre management is not the police and not your insurer. They will usually release footage to you if you ask properly, but they will not interpret it or confirm fault. Their job is to protect the centre, not to run your claim.

What to include in your request:

• Full name, phone and email.
• Date and exact time window, with a buffer either side.
• Level, aisle, bay number, and nearest store or lift.
• Your registration and the other car's registration if you have it.
• A clear line asking them to preserve the footage pending your insurer's request.

Expect a privacy form. Some centres charge an administration fee for a copy, and some will only release footage to police or to an insurer. If they refuse you, ask your insurer to request it in writing that day, and ask the centre to note the refusal.

At centres like Macquarie Centre, Rhodes Waterside, or Warringah Mall, the security office is usually near a loading dock or on the roof level, and it is not always staffed. Call ahead, get a name, and follow up by email so you have a paper trail.

If the centre will not help, a police report can sometimes unlock the footage. You can also ask the store nearest the bay whether its own camera covers the aisle. Retailers often keep their own recordings longer than the centre does.

Witnesses and where to find them

A witness name and mobile number is worth more than a long statement. Insurers give real weight to an independent account, and in a car park it is often the only neutral evidence.

Where to look, in order:

• The driver who stopped behind you and waited.
• Trolley collectors, cleaners and security staff working the level.
• Staff at the store closest to the bay, who may have seen it through glass.
• Rideshare and delivery drivers waiting in the pick-up zone.
• Anyone filming or photographing nearby.

Ask for a name, a mobile number and one sentence about what they saw. Write down the time you spoke to them. If they are willing, a short text message to you confirming what they saw is enough, and it is harder to walk back later than a verbal account.

Do not coach a witness or put words in their mouth. Insurers and solicitors can spot a rehearsed statement, and it damages your credibility. Just ask what they saw.

If you have no witness and no footage, your claim rests on the physical evidence and the other driver's account. That is when a clear diagram, taken at the scene, matters most. Draw the bays, the direction of travel, and the point of impact, and date it.

What to do if the other driver denies fault

A denial is not the end of your claim. It just means the insurer will decide on the evidence. Your job is to make your version the better-supported one.

Send your insurer, or the other driver's insurer, a single clear pack:

• Photos of both cars in their resting positions.
• Photos of the damage on each car, close up and from a distance.
• Your diagram with the bay numbers and direction of travel.
• The CCTV request and any footage.
• Witness names and numbers.
• A short, factual written account, in time order, with no opinion about the other driver.

Keep it factual. "I was stationary with my reverse lights on when the other vehicle reversed into my front left quarter" is strong. "They were driving like an idiot" is not.

If the other insurer still denies liability, you can ask for the decision in writing with reasons, and escalate to their internal dispute resolution team. If that fails, the Australian Financial Complaints Authority is the next step. For a deeper look at the process, see our guide to dealing with insurers.

Throughout this, your own insurer may offer to treat it as a not-at-fault claim under your policy. That can be faster, but it may affect your excess and your no-claim bonus depending on your policy. Read the product disclosure statement before you agree.

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Getting a replacement car the same day

If you are not at fault and you need your car for work, school runs or client meetings, you are entitled to a like-for-like replacement while yours is repaired or assessed. That means a car of similar size, make, specification and prestige, not a base model hatch.

Bookings are fulfilled by Drive Tribe (drivetribe.com.au), and this site is part of that group. You can check availability and book online in minutes, with collection from Sydney or delivery to your home, workplace or repairer.

What you will need to get moving:

• Your licence and a second form of ID.
• The other driver's name, registration and insurer if you have them.
• Your claim number, or a police report number if details were not exchanged.
• A credit card for the bond, which equals the excess you choose.

Minimum driver age is 20 on most cars, and 25 or 30 on some. Paying by card carries a small surcharge, while bank transfer and cash on the rental do not. You can book from a single day, and the rate, bond and any fees are shown on the car's page before payment.

If your car is a prestige SUV, a Macan-sized replacement keeps your family and your parking habits unchanged:

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When a car park crash becomes a dispute

Most car park claims settle in weeks. Some become disputes that run for months. The difference is usually evidence, not the size of the damage.

Watch for these triggers:

• The other driver denies being in the car park at all, or denies the contact.
• The other insurer alleges you were reversing or speeding.
• Damage is inconsistent with your account, or pre-existing damage is claimed as new.
• The other driver is uninsured, or the car is not listed on their policy.
• The repair turns into a write-off because of hidden structural or electrical damage.

If the dispute drags on, your replacement car entitlement does not disappear. It runs while liability is being sorted and while repairs are done, subject to the terms of the hire agreement. Keep your repairer and your hire provider updated, and keep every email.

If the car is written off, the dispute changes shape. You may be offered a cash settlement instead of a repair, and you will need to weigh that against the cost of replacing the car. See cash settlement vs repair not at fault and statutory write-off NSW: what happens next.

For a performance car, a dispute can also delay parts and specialist labour. Our guide to parts delays in prestige car repairs explains why a bumper and radar can take weeks.

If you need a replacement car while the dispute runs, check availability and book online. You can also read more about not at fault accident replacement.

The first 24 hours: a checklist

What you do in the first day decides how the claim runs. Work through this list in order.

1. Stop, check no one is hurt, and call 000 if anyone is injured.
2. Move only if it is safe and the cars are blocking a lane. Otherwise leave them where they are.
3. Photograph everything: both cars, the bay numbers, the lane, the signage, the damage close up.
4. Exchange names, licences, registrations, insurers and phone numbers.
5. Find a witness and get a name and mobile number.
6. Ask centre management to preserve CCTV, and email the request the same day.
7. Pull your dash cam card and copy the file.
8. Report to police if details were not exchanged, someone was injured, or the other driver left.
9. Notify your insurer, and tell them you were not at fault.
10. Book a like-for-like replacement car so you are not stranded.

Do not admit fault, even casually. "Sorry, I didn't see you" can be recorded and used later. Stick to the facts and let the insurers decide.

If you are unsure about your rights, our first 24 hours guide goes deeper, and not at fault explained covers the legal background, including the Arsalan v Rixon principle that you should not be out of pocket for someone else's mistake.

FAQ: car park crashes in NSW

These are the questions we hear most from drivers, fleet managers and repairers after a car park prang.

Who is at fault in a car park crash in NSW? It depends on the road rules. The driver reversing usually gives way, and the driver in the lane usually has priority. If both were reversing, fault is often shared. Insurers decide on the evidence, so photos, CCTV and witnesses matter more than opinion.

Can I get CCTV from a shopping centre car park? Yes, usually. Ask centre management in person and follow up by email the same day with the date, time, level and bay number. Ask them to preserve the footage, as it is often wiped within days. Some centres release it only to police or insurers, so involve your insurer early.

What if the other driver denies fault in a car park? Send your insurer a clear evidence pack: photos, a diagram, witness details and any footage. Ask for the denial in writing with reasons. If the other insurer still refuses, escalate to their internal dispute team and then to the Australian Financial Complaints Authority.

Can I get a replacement car if the other driver denies fault? Yes, in most not-at-fault cases. Your entitlement runs while liability is sorted and repairs are done, subject to the hire agreement. Book early so you are not without a car, and keep every email.

What if the other driver left without exchanging details? Report it to police and ask centre management for CCTV. If you have the registration, your insurer can trace the owner. If not, your own policy may cover you, depending on the cover you hold.