Accidents in car parks are common, usually at low speed and while manoeuvring. Liability there is assessed differently from moving traffic on the road.
The road traffic regulations apply, with special features
The German road traffic regulations (StVO) apply in publicly accessible car parks, for example in front of supermarkets. The aisles, however, serve mainly for searching and manoeuvring. In addition to the "priority to the right" rule, the duty of mutual consideration applies (section 1(2) StVO): everyone must drive slowly enough to be able to stop at any time and, if necessary, communicate with the other driver.
Reversing out of a space
Anyone reversing must take particular care. If a collision occurs while reversing, there is initially a presumption that the reversing driver caused the accident. According to the case law, this presumption no longer applies if it is established that the vehicle was already stationary at the time of the collision. If two vehicles collide while both are pulling out at the same time, the damage is often shared.
Why evidence is decisive
If the course of events cannot be established, liability is often shared. Secure evidence immediately: photos of the vehicle positions before the vehicles are moved, photos of the damage and the surroundings, names and contact details of witnesses. If there are cameras on the premises, contact the operator quickly, as recordings are often deleted after a short time. If the course of events is disputed, call the police.
Do not simply drive away
Even after a minor bump, nobody may simply leave the scene of the accident. A note under the windscreen wiper is not enough. Anyone who drives away risks criminal proceedings for leaving the scene of an accident (section 142 German Criminal Code, StGB). If the injured party cannot be found, you must wait a reasonable time and then report the accident to the police without delay.
Settlement of claims
Claims are made against the other party's motor liability insurer. Where liability is shared, each loss is compensated proportionately, including lawyers' fees. Comprehensive insurance may cover your own share. Whether a claim is worthwhile in view of the loss of no-claims discount should be calculated in advance.