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When 2 vehicles back out of a car space together it is considered dual responsibility but what if one car is well and truly out of their space and over the middle line in the thoroughfare before the other car has proceeded to back out? Surely the first car who has checked for vehicles and got a clear way first, has right of way. What if the first car was 8 or 9 seconds out into the thoroughfare before the second car decides to back out? Does the first car have right of way?

Hi there,
It is hard to say in unique instances, as all the rule says parking is to be carried out with due care and responsibility. The best thing to do is draw a picture of what happened and leave it up to your insurance company to decide. However, common sense would suggest that the lead vehicle would have more right of way, and therefore could be less responsible in the instance you mentioned.

My insurance company aren't listening to me. They have carelessly just slapped dual responsibility on me as the other guy has footage (which I now have) and he is not taking responsibility. I am suspicous that the footage has possibly been edited as I remember a pause and remember being stationary when he hit me. The footage shows my brake lights on but onlu just. Is there a way to see if it has been edited? I believe it is common now that this is done. The thing is that the accident was 6 or 7 weeks ago and he has only just admitted to having dash cam footage. The whole thing stinks and my insurance company AA are not being helpful. They are just doing what is easiest for them. What can I do about this?

Hi there,
As there are two sides to the argument, you will need to produce evidence that would suggest the incident happened differently to how it is currently perceived by the insurance company. We recommend you keep in contact with AA Insurance, and maybe even fill out their feedback form: https://www.aainsurance.co.nz/contact/
If both cars were moving (in any direction) at the time of impact, then this may be why it is labelled dual responsibility. The reversing vehicle is always labelled with responsibility, if both are reversing this is where it can get difficult.

Thank you. The other party has produced dash cam footage which shows that I am the leading vehicle by 8 or 9 seconds. It also shows that my brake light is on but they are still calling it dual responsibility. I have filled in feedback just now and will try and find a lawyer to act as third party. Im finding the AA staff over the phone are too quick to assume and conclude carelessly. Thank you for your help