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this isn't their fault

(58 Posts)
meganorks Thu 07-Jan-16 14:01:46

Or at least equal responsibility. But what would an insurance company say?

PIL have had a bump in their car. They were reversing off their drive. Neighbour opposite has driven off her drive onto their side of the road. They have just caught the back of her. But she must have seen them reversing and decided to pull out anyway. She apparently jumped out and said it was their fault and she was going to get a quote as she knows someone who does that.

PIL are wondering whether to go through insurance as surely at worst both to blame? But anyone actually know from an insurance point of view what they would say? Should probably say they had an accident where they were at fault about 6 months ago. Maybe that's why the neighbour decided yo pull out anyway. Who knows

LurkingHusband Thu 07-Jan-16 14:09:00

They were reversing off their drive.

Highway code advice is to reverse onto a drive (and drive off) "where possible".

That's obviously not a license to drive around and smash into anyone you do see reversing off a drive. But it does suggest your PiL are starting off on the backfoot.

I would always suggest going through insurance though:

1) They have to know anyway
2) They tend to be a lot less patient with scammers
3) Isn't that why you paid for it in the first place.
4) Especially if the other party suggests "not to go through insurance.

londonrach Thu 07-Jan-16 14:13:03

Let the insurance deal with it. However pil should have been checking both way if reversing, not just once. What if a child had run behind the car?

RJnomore1 Thu 07-Jan-16 14:16:08

Hold on.

She drove out into them?

I hope they took photos. I'd definitely be talking to my insurance company. Did she hit the side or the back of their car?

FinallyHere Thu 07-Jan-16 14:21:11

Agree on both those points: highway code strongly suggests that you reverse onto a drive, so that you can drive off again. I've no idea why so few people do this.

Regardless, have a look at your insurance policy, certainly mine dictates that i advise them of any incidents so its really not worth doing it 'in cash'. I've know doing it without the insurance people go horribly wrong. Horribly, horribly wrong.

Thymeout Thu 07-Jan-16 14:24:56

It sounds as if this will come down to who started their manoeuvre first. And that will be a 'he said/she said' situation. So no clear indication of fault.

Definitely don't let the neighbour decide that she's not to blame and they must pay for repairs. Report to insurance and let them deal with it.

LurkingHusband Thu 07-Jan-16 14:27:35

highway code strongly suggests that you reverse onto a drive, so that you can drive off again. I've no idea why so few people do this.

Because so many people are idiots.

MooseAndSquirrel Thu 07-Jan-16 14:35:17

U can invalidate a lot of insurance policies by not declaring an accident and just dealing with it yourself - worth checking & if in doubt just go through them

Arfarfanarf Thu 07-Jan-16 14:37:30

Advise them to go through insurance and tell her they will only go through insurance!

chelle792 Thu 07-Jan-16 14:38:26

My husband was half way out of a parking space in his van and someone nipped behind him.

He clipped the car and unfortunately the insurance company still made him liable.

Who drives behind a vehicle when it's reversing anyway?!envy

ShamefulPlaceMarker Thu 07-Jan-16 14:42:22

We don't do that finallyhere as our drive is on a hill, we own a van so if it's reversed in and I open the boot everything falls out! I learnt in my 1st week of living there when I lost 12 eggs and a bottle of wine to the drive sad

But, I live on a very quiet street so not dangerous reversing out.

I can see how your pil might be penalised for that though op

meganorks Thu 07-Jan-16 14:43:03

I forgot the reversing off a drive thing. Their drive is hard to reverse into as usually on the other side of the drive to road and quite busy road where people don't give the opportunity. But I realise that is you going to be at least 50% of the response now! Opposites drive gives access to a couple of properties so they can drive in and turn around in there.

ShamefulPlaceMarker Thu 07-Jan-16 14:44:26

lurking I'm not an idiot. See my above post for my reasoning.
I will reverse in to a drive if anywhere else though, it is just mine.

Viviennemary Thu 07-Jan-16 14:46:44

I don't think your pils should accept responsiblity if they don't think they are too blame. On principle I would go through the insurance if I thought I was in the right. But difficult to know what the insurance will make of this. Perhaps they will think the person reversing is at fault as they are reversing onto a road.

LurkingHusband Thu 07-Jan-16 14:47:39

ShamefulPlaceMarker

lurking I'm not an idiot

hence my use of the qualifying phrase "so many", implying less than all. Not sure why I bothered now.

amicissimma Thu 07-Jan-16 14:52:47

If they reversed off their drive and hit something that was on the road they are at fault. It makes no difference if the thing they hit hadn't been their a moment earlier - it was when they reached that spot.

Love the excuses for not reversing onto a drive. They are probably why the Highway Code spells out that it should be done. Specially those who can't reverse off a busy road but feel they can reverse onto it!

Lancelottie Thu 07-Jan-16 14:59:47

Depends which way you and all the other traffic usually want to go, doesn't it, Amicissima? I can quite easily picture a road that's jampacked in one commuting direction (possibly the far side from home) but empty in the other.

LurkingHusband Thu 07-Jan-16 15:06:29

Love the excuses for not reversing onto a drive. They are probably why the Highway Code spells out that it should be done.

The "should" indicates that it's acknowledged there are times when it's impossible/impractical or unsafe. Which covers a minority of cases. The fact that a majority of drivers choose to drive-in/reverse-off suggest my previous characterisation of them as idiots isn't as uncalled for as some think. Especially when/if we get some colder weather, and cars are iced up. Luckily exhausts steam in cold weather, so you can usually spot the car that's about to reverse out with no visibility before they hit you.

amicissimma Thu 07-Jan-16 16:02:50

"Depends which way you and all the other traffic usually want to go, doesn't it, Amicissima?"

No. You have better visibility driving forwards out of a smaller road than backwards. And you have better visibility when reversing if you are actually on the busier road. Regardless of the way most of the traffic is travelling. If the vehicle whose safety you are happy to compromise is the only one travelling in that direction it's no better than when there is a lot of traffic.

ShamefulPlaceMarker Thu 07-Jan-16 17:07:43

lurking I was just stating my position, and justifying why I'm not in the 'many' category. No need to get defensive

Hurr1cane Thu 07-Jan-16 17:11:13

I can't reverse onto my drive. The reason for this is that my drive is not very long, and I need to get DSs wheelchair out of the boot.

If I reversed in, I'd have to back right up to the house and wouldn't be able to get his chair out.

So I drive in and drive right up to the house instead.

StealthPolarBear Thu 07-Jan-16 17:12:09

" amicissimma

If they reversed off their drive and hit something that was on the road they are at fault. It makes no difference if the thing they hit hadn't been their a moment earlier - it was when they reached that spot."
Even if that thing is another reversing car?? I know that's not the case in this situation, I just don't get how that blanket statement can apply

LurkingHusband Thu 07-Jan-16 17:13:49

lurking I was just stating my position, and justifying why I'm not in the 'many' category.

Fair enough. Although I hadn't thought you were ....

No need to get defensive

I thought it was mandatory in AIBU grin

LurkingHusband Thu 07-Jan-16 17:19:00

Hurr1cane

I can't reverse onto my drive. The reason for this is that my drive is not very long, and I need to get DSs wheelchair out of the boot.

Which is why it's not law, but a strong recommendation. I reverse in for exactly the same reason. It's easier to put MrsLHs wheelchair in the boot that way.

As this thread shows, there can be many reasons why you may not be able to reverse in. However, none of those reasons excuse you from taking the care and attention required when operating a motor vehicle. So if your driving in results in your reversing out without the appropriate visibility and control, then don't be upset if it results in a presumption of liability in the event of an accident.

Lweji Thu 07-Jan-16 17:22:21

Anything on the road has priority over the vehicle coming off the drive.

I just don't get where they hit and how if the other car was coming from the opposite drive. On the opposite side of the busy road? Shouldn't they have gone onto different lanes?

I do reverse out, but very slowly and watching out as much as possible so that any incoming traffic can see me in time. Similar to the pp with the very short drive, but into a garage.

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