Who is at fault? If anyone...
#1
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Who is at fault? If anyone...
OK I had a silly little fender bender on Sunday, Luckily I have no damage at all ! the rear deformed and the tow point pushed the plug out, but the Rear popped back in shape and any marks cut out no problem. But the other persons car (K reg Rover 25) basically fell to bits !
So now I have the question of whether to put it through the insurance, or just pay the woman off.
But first i need get a clear idea of who's fault it was (if anyones) ?
Ok in a nut shell heres what happened.
Drove in to B&Q car park, solid parked car on the left and the same on the right.
Saw a spot on the right but as i saw it too late over shot it a bit.
Checked my Mirrors ALL OF THEM ... Clear
Reversed about 1.5/2 metres while still looking in the Rear view mirror.
Hit the brakes popped it in to 1st first as i was about to pull forward but still rolling back very slowly (edit for rahula ) heard a crack.
Now at first i thought it was the rear hub nut again needing a tighten, but I got informed by my passager that "That was impact!"
Pull forward and parked the car in the space, looked over to see a Rover 25 that had reversed out of a space on the left!.
She said she had waited for me to go passed then revesed out, only to find that I too had also reversed !
Notes:
There was directional arrows on the road, so when i Reversed i was going against them.
She was parked and was Reveseing in to the main road/thorofare.
I was zipping about a bit which might be bad for me, but she must have reversed out the second I passed (and not looked back at me) as I stopped and had it in reversed in seconds.
My thinking it is knock for Knock 50/50 blame, but i could be wrong?
So now I have the question of whether to put it through the insurance, or just pay the woman off.
But first i need get a clear idea of who's fault it was (if anyones) ?
Ok in a nut shell heres what happened.
Drove in to B&Q car park, solid parked car on the left and the same on the right.
Saw a spot on the right but as i saw it too late over shot it a bit.
Checked my Mirrors ALL OF THEM ... Clear
Reversed about 1.5/2 metres while still looking in the Rear view mirror.
Hit the brakes popped it in to 1st first as i was about to pull forward but still rolling back very slowly (edit for rahula ) heard a crack.
Now at first i thought it was the rear hub nut again needing a tighten, but I got informed by my passager that "That was impact!"
Pull forward and parked the car in the space, looked over to see a Rover 25 that had reversed out of a space on the left!.
She said she had waited for me to go passed then revesed out, only to find that I too had also reversed !
Notes:
There was directional arrows on the road, so when i Reversed i was going against them.
She was parked and was Reveseing in to the main road/thorofare.
I was zipping about a bit which might be bad for me, but she must have reversed out the second I passed (and not looked back at me) as I stopped and had it in reversed in seconds.
My thinking it is knock for Knock 50/50 blame, but i could be wrong?
#2
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although the insurers will surely try for 50 / 50 , it was the other driver that moved away from a parked position without making sure the road was clear to do so .
Both parties settle their own damage outside of the insurance co would be fair
Both parties settle their own damage outside of the insurance co would be fair
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Nice diagram....
By normal road rules it's technically her fault as you have right of way being still on the main road, but it's a marginal case so unless you're really pushy it's probably going to be 50/50
By normal road rules it's technically her fault as you have right of way being still on the main road, but it's a marginal case so unless you're really pushy it's probably going to be 50/50
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Originally Posted by Fieldl,Jul 5 2005, 01:20 PM
I'd say her fault too She didn't check to make sure the road was clear.
she should of seen your reversing lights come on.
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Originally Posted by WRumbled,Jul 5 2005, 12:38 PM
Tell her to go away.
Plod won't be interested if its in a private car park. If you genuinely feel that you are part responsible then offer her a few quid for the repairs but if it gets nasty...its 50/50 in a private car park..so it will be tough for her to come after you.