Who is at fault? If anyone...
07-05-2005, 07:05 AM
#31
Originally Posted by Beardie,Jul 5 2005, 01:09 PM
Doesn't matter, I believe that traffic laws apply to all public spaces/road. Seem to remember this being discussed when some hooligan was looking for a car park/industrial estate to do donuts in.
07-05-2005, 07:38 AM
#32
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Originally Posted by Beardie,Jul 5 2005, 01:54 PM
If your passenger states that you were stationery at the time you might get away with it. They can also state what you speed etc.
My son was hit whilst parked in a car park a couple of years back ,at the scene the woman admitted fault but later stated that he may have been reversing so they tried for 50/50.
She then lied through her teeth .
It went on for 6 months before it was resolved correctly .
07-05-2005, 12:26 PM
#36
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Drivers can be prosecuted for Section 3 careless driving whether it be on the road or a public car park. A car park is public if public have access to it for payment or otherwise - therefore any accident at Tescos or similar can be prosecuted thru the courts. In this instance no prosecution would take place unless there are independent witnesses. I would suggest this would probably be dealt with 50/50 by the insurance companies now that they are involved. Take your time in preparing your claim form trying to negate anything that you think she may out on hers. The better prepared your form is, the more liklihood of a home win - that and the fact that the other driver was a woman!
07-05-2005, 12:33 PM
#37
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She did the right thing if not the most sensible thing. Any accident should be notified to your insurance company even if you don't intend to claim. If you didn't notify your company and she did hers and claimed whiplash you could end up in trouble.
If it were her front end into your back end I'd say clear cut her fault (right of way on a main road v's someone reversing out of a parked space) if it's her back end into the side I'd say the same but rear to rear I'm not sure about.
At this point it's probably best to inform your insurance claim against her and let the insurance sort it out.
As for the white lines on the road, unless the correct sign posting was up saying it was one way only it won't matter much. Just signals right of way on that piece of road (which she won't be classed as on since she's parked)
Little different but a couple of years ago (before I had the S) I was driving down my old street maybe 15mph (one lane down the middle of two lanes of parked cars) when a daft old biddy reversed out of an alley into the side of me.
They wanted to pay without claiming (she told her husband it was just a scratch so he thought a couple of hundred quid; actually stoved in quarter panel, about a grand to repair). Told the insurance company that they wanted to pay and wasn't claiming yet (you should never admit culpability! I think it's actually on most insurance documents). When they decided to claim they decided to go back and try to claim knock for knock (50:50) but my solicitor just laughed and said (and I quote) "getting 100% claimed back doesn't get any better than this"
Worst will be 50:50 but depending where the damage is on your car (rear face vs side panel) will prove if she reversed into the side of you or you could have reversed into each other. Side panel I reckon = 100% her. Rear panel I reckon = 50:50
If it were her front end into your back end I'd say clear cut her fault (right of way on a main road v's someone reversing out of a parked space) if it's her back end into the side I'd say the same but rear to rear I'm not sure about.
At this point it's probably best to inform your insurance claim against her and let the insurance sort it out.
As for the white lines on the road, unless the correct sign posting was up saying it was one way only it won't matter much. Just signals right of way on that piece of road (which she won't be classed as on since she's parked)
Little different but a couple of years ago (before I had the S) I was driving down my old street maybe 15mph (one lane down the middle of two lanes of parked cars) when a daft old biddy reversed out of an alley into the side of me.
They wanted to pay without claiming (she told her husband it was just a scratch so he thought a couple of hundred quid; actually stoved in quarter panel, about a grand to repair). Told the insurance company that they wanted to pay and wasn't claiming yet (you should never admit culpability! I think it's actually on most insurance documents). When they decided to claim they decided to go back and try to claim knock for knock (50:50) but my solicitor just laughed and said (and I quote) "getting 100% claimed back doesn't get any better than this"
Worst will be 50:50 but depending where the damage is on your car (rear face vs side panel) will prove if she reversed into the side of you or you could have reversed into each other. Side panel I reckon = 100% her. Rear panel I reckon = 50:50
07-05-2005, 02:03 PM
#38
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The 'Hit' was bang on corner to corner as said i have a tiny little mark which is not worth (and i wont be) claiming for.
But as I arrived home tonight to a letter for her insurance company saying it was my fault and they what me or my insurance company to cover it, I will be fighting.
I have now contacted my insurers and informed them of the incident.
They have told me that AT WORST it will be 50:50 with me losing only one or two 'strikes' on my protected no claims, They are going to fight it as her fault but it looks like it might end up a 50:50 job.
OH btw I did look over my shoulder and in the side mirrors and in the rear mirror, and at that time no car right or left of me had reverse lights on. She must have put it in reverse AFTER i started moving back.
The more i think about this the more it feels like she waited for me tostart to back up and banged her car as quick as possible in my way!! I know not likely but it feels that way with her 'made up story' !
But as I arrived home tonight to a letter for her insurance company saying it was my fault and they what me or my insurance company to cover it, I will be fighting.
I have now contacted my insurers and informed them of the incident.
They have told me that AT WORST it will be 50:50 with me losing only one or two 'strikes' on my protected no claims, They are going to fight it as her fault but it looks like it might end up a 50:50 job.
OH btw I did look over my shoulder and in the side mirrors and in the rear mirror, and at that time no car right or left of me had reverse lights on. She must have put it in reverse AFTER i started moving back.
The more i think about this the more it feels like she waited for me tostart to back up and banged her car as quick as possible in my way!! I know not likely but it feels that way with her 'made up story' !
