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Original poster

Who is at fault for this accident? With diagram

139 replies

NeighbourHitMyCar · 20/09/2024 21:09

Hi there!

I'm not going to do those annoying Driver A and Driver B posts.... My neighbour hit the front side of my car while reversing out of their driveway

We have had previous issues with them regarding a skip that was in front of our house and damage to our driveway from the skip lorry taking out a wall so there is history there!!

However, their insurers are now trying to say the accident was 50:50 my fault too and i just can't see how!

I was returning home after work and drove along my road and slightly passed my house. There was no traffic coming either way so I pulled across the road onto the other side slightly to line up the car (our driveway parking is at an angle due to a tree).

I had stopped the car and and put it into reverse when...BANG... I turned to see my neighbours car bonnet at my driver door having dented it.

They park forward into their driveway which means they have to reverse out. They had obviously seen no traffic was coming along the road and not looked directly behind them to see me already in the road.

Hope the dodgy diagram makes sense

Can anyone explain how their insurers are possibly claiming I am in any way at fault here?

Feel like I'm going mad having sent diagram after diagram

Unfortunately no ring footage or dashcam

Who is at fault for this accident? With diagram
OP posts:
Ohnobackagain · 20/09/2024 23:06

@NeighbourHitMyCar definitely go back and tell insurer you were stationary

Zonder · 20/09/2024 23:05

AngelicKaty · 20/09/2024 22:44

Rule 201 of the HC is advisory though, not mandatory.

Show quote history

I know. But we can all see why it's advisory. That should count for something.

Holidayhell22 · 20/09/2024 23:04

I always thought that reversing out into a road was wrong, so your neighbour is at fault.
I’m not saying this is 100% the case.
I would tell them you were stationery and he pulled out into you so he us 100% at fault.
Also the driver on the main road has the right of way, the same as someone pulling out from a junction onto a main road is at fault if they hit another driver.

adriftinadenofvipers · 20/09/2024 22:53

Bunnycat101 · 20/09/2024 22:28

It’s really easy to get shafted in this sort of claim. Someone reversed into my husband who was stationary in a multistory- (up a bloody ramp and at speed- no idea how that even happened). Even though it was deemed 100% the other party’s fault (which it clearly was) we still had to pay extra for the insurance for a good 3 years because of the increased risk. Husband was furious at having to pay more despite it not being his fault at all.

Edited

I actually didn't get charged extra but my husband did when he went to insure me on his car!! Ludicrous!

WonderingWanda · 20/09/2024 22:50

I think the insurance companies response is more about an easy settlement rather than any technicalities about who was correct. When someone hit my parked car, drove off and denied it it was them it was recorded as a fault claim for me by my insurance company, I wasn't even in the bloody car so it wasn't my fault.

AngelicKaty · 20/09/2024 22:48

whoscoatsthatjacket2012 · 20/09/2024 22:45

You were not at fault.
They were entering the carriageway from a drive so duty of car was in them
Also your car did not move sideways into theirs
I'm a claims handler and would fight this for you. Tell your insurer you won't be accepting any 50/50 offer and you're more than happy to go to court and make them argue it.

Absolutely THIS!

Ophy83 · 20/09/2024 22:48

Your neighbour will be telling his insurer that you came out of nowhere. Just refuse to accept liability and maintain what you've said here - you were there to be seen and were stationary when he collided with you. If they insist it was partly your fault it will go to court for a judge to decide

whoscoatsthatjacket2012 · 20/09/2024 22:45

You were not at fault.
They were entering the carriageway from a drive so duty of car was in them
Also your car did not move sideways into theirs
I'm a claims handler and would fight this for you. Tell your insurer you won't be accepting any 50/50 offer and you're more than happy to go to court and make them argue it.

AngelicKaty · 20/09/2024 22:44

Zonder · 20/09/2024 22:39

Bonus points - reversing off the driveway is against the Highway Code - for exactly this reason! - so your neighbour has that as a strike against them as well

This. Maybe remind your insurers of this so they can remind the other insurers.

Rule 201 of the HC is advisory though, not mandatory.

AngelicKaty · 20/09/2024 22:42

Absolutely @Nordione1 . Insurers are lazy fekkers and settling "no fault" 50/50 just makes their lives easier - less paperwork to do!

Zonder · 20/09/2024 22:39

Bonus points - reversing off the driveway is against the Highway Code - for exactly this reason! - so your neighbour has that as a strike against them as well

This. Maybe remind your insurers of this so they can remind the other insurers.

Nordione1 · 20/09/2024 22:35

I've had this and you need a witness or insurers won't bother. I was hit while stationary by a truck speeding round a blind corner (I had squeezed myself into the verge but single track lane unfortunately). Entirely their fault. I photographed their skid marks showing how far over they were but insurers wouldn't argue it unless there was an independent witness so it was 50/50. Infuriating

AngelicKaty · 20/09/2024 22:34

Proseccoh · 20/09/2024 21:56

Don't let it. Especially with the highway code rules that you shouldn't reverse into the carriageway (check that, I'm vaguely quoting a PP but you know it makes sense). Why do you reverse into your drive? Might it feel more safe? Stand your ground; I really hope you get this sorted fast.

What I really want to know is if your car had been a person, even though they shouldn't have been there, who's fault would it have been then? No amount of flowers would excuse that. They need to know where they're putting the car they're in control of.

Rule 201. Do not reverse from a side road into a main road. When using a driveway, reverse in and drive out if you can. It seems to be advisory, rather than mandatory.

AngelicKaty · 20/09/2024 22:30

NotOnlyFedUpButAlso · 20/09/2024 21:52

What I was tyring to say above is that I don't think it even matters if you were moving or stationary, you were manoevering in the public highway in an entirely legal way, and he drove out of his drive and drove into you while you were doing so. It can't be your fault, otherwise we'd all have to stop and get out and look around every corner to see what might be coming!

I thought the same thing. OP was already on the highway. If she'd simply been driving down the road and her neighbour backed out of his drive into her that would be entirely his fault. Her insurer seems pretty lazy not wanting to fight this harder and just settling for a "no fault" 50:50 split - too many insurance companies seem to do this these days. 😡

Bunnycat101 · 20/09/2024 22:28

It’s really easy to get shafted in this sort of claim. Someone reversed into my husband who was stationary in a multistory- (up a bloody ramp and at speed- no idea how that even happened). Even though it was deemed 100% the other party’s fault (which it clearly was) we still had to pay extra for the insurance for a good 3 years because of the increased risk. Husband was furious at having to pay more despite it not being his fault at all.

sunsetsandboardwalks · 20/09/2024 22:27

His fault, but in my experience insurers always go 50/50 at first.

suburburban · 20/09/2024 22:23

Definitely his fault

Imagine if you were a car driving along the road and he reversed out, he would be at fault. Surely it's irrelevant if you were moving as he was on a drive not on the highway

He should be paying more attention

Wheelz46 · 20/09/2024 22:22

The other parties Insurers will generally try and go 50/50.

I had an accident at the last exit of a roundabout, the other driver was clearly at fault but his insurers were insistent at going 50/50, my insurers even recommended to agree. No way was I agreeing and at the final hour they agreed liability for their client. Suffice to say, I changed insurers!

AegonT · 20/09/2024 22:20

Their fault not yours.

Coruscations · 20/09/2024 22:19

nutrosti · 20/09/2024 21:29

and it would be a sensible assumption to assume that someone in a vehicle in the road (partly on the other side of the road no less)… was moving!!

Show quote history

Why? Are you constantly in motion as soon as you get into your car till you leave it?

5byfive · 20/09/2024 22:18

NeighbourHitMyCar · 20/09/2024 21:46

@FlutteryButterfly strangely in spite of our previous disagreements about damage to our property, he was very apologetic and even offered to pay out of pocket rather than go through insurers (wish we'd done that now!)

He even dropped round flowers the next day as my 10 month old was in the car was very upset

But my insurers say that as none of it is in writing it isn't something they can use as is hearsay

No dashcam, no other witnesses

Does he know that his insurers are trying to claim 50/50? It’s possible he doesn’t. He could go back to them and say he is 100% responsible if he accepts that.

AngelicKaty · 20/09/2024 22:14

Proseccoh · 20/09/2024 21:12

So if they were reversing out, are you sure it was their bonnet in your car door? Confused...

Me too, I was just about to ask the same question.

EsmeSusanOgg · 20/09/2024 22:12

Make sure.your insurance know you are contesting their claim,.as you were a stationary vehicle when they hit you.

Dibbydoos · 20/09/2024 22:12

You're on the road reversing off it, they are entering the road. They are at fault. The road was not clear for them to safely enter it. Their insurer is trying it on. Good luck!

Stillnormal · 20/09/2024 22:12

You’re not at fault - you were stationary. Your car might be on the other side of the road for loads of reasons in day to day use - you’re not at fault while you do a 3 point turn for example.