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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:
NeighbourHitMyCar · 20/09/2024 21:37

@nutrosti ...I don't know how to explain any more clearly why for those 2 seconds I wasn't moving... I would anyone who lines up to reverse, puts it in reverse gear and immediately puts their foot on the accelerator without taking a last glance around. It just so happens that when he hit me I was looking in my rear view mirror about to start backing in

OP posts:
nutrosti · 20/09/2024 21:36

NeighbourHitMyCar · 20/09/2024 21:35

My insurers see this as a no fault accident and my car is repaired now but are clearly wrangling with the other party and asking me for any physical evidence to support them pushing back on the 50:50 proposal

come again

they are asking you for “physical evidence”?

what could you possibly produce?

NeighbourHitMyCar · 20/09/2024 21:35

My insurers see this as a no fault accident and my car is repaired now but are clearly wrangling with the other party and asking me for any physical evidence to support them pushing back on the 50:50 proposal

OP posts:
nutrosti · 20/09/2024 21:34

op what is your insurer saying

and of course they presume you were moving

otherwise begs the question… why weren’t you moving given you were on the road and in fact partly on the other road of the road!

ICouldGoOnAnon · 20/09/2024 21:34

I would think that the absence of any damage to the front or rear of your car would show that you did not drive into them, while the lack of scrapes along the impact point should show you were stationary. Go back to your insurer with photographs showing the above.

Your neighbour has a dent in his boot - it would be quite a trick to hit the back of someone’s car with the side of yours!

NeighbourHitMyCar · 20/09/2024 21:33

@llamali when I started what? Sorry

OP posts:
Proseccoh · 20/09/2024 21:33

nutrosti · 20/09/2024 21:26

nooe

positioning of hit vehicle is obviously very relevant

No idea of your qualifications on this and happy to be corrected, but ultimately if you drive into a stationary vehicle, reverse or forwards, whether it should be there or not, you're at fault. You need to know where you are putting your vehicle if it's moving...

SingingWaffleDoggy · 20/09/2024 21:32

There’s something somewhere about any car entering the carriageway must give way to any vehicle already on the carriageway.
Plus, you were stationary.
I don’t see how you can possibly be at fault. I think their insurance are just trying their luck

llamali · 20/09/2024 21:31

Were you at all aware that the neighbour was about to move when you started?

TheYearOfSmallThings · 20/09/2024 21:31

I would guess they are saying you were in motion and came forward onto their side of the road at the same time they were reversing onto the correct side of the road so 50:50?

No idea how to prove who was moving.

nutrosti · 20/09/2024 21:29

JohnCravensNewsround · 20/09/2024 21:28

Problem is that other person haw implied thar both cars were moving, ie reversed into each other. In the absence of independent witnesses, it's unlikely to be financially viable to take legal action to get their money back.

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!!

JohnCravensNewsround · 20/09/2024 21:28

Problem is that other person haw implied thar both cars were moving, ie reversed into each other. In the absence of independent witnesses, it's unlikely to be financially viable to take legal action to get their money back.

nutrosti · 20/09/2024 21:27

so that’s what their insurer is saying

but what is your insurer saying, as surely it’s them doing the liaising with the insurer on your behalf?

nutrosti · 20/09/2024 21:26

Proseccoh · 20/09/2024 21:21

doesn't matter where on the road she was, at the speeds suggested, and presumably in a residential area, the driver who is moving their vehicle is surely at fault.

nooe

positioning of hit vehicle is obviously very relevant

Proseccoh · 20/09/2024 21:26

NeighbourHitMyCar · 20/09/2024 21:22

@FairFuming my insurers are in negotiations with their insurers and have just asked for as much information as possible as they are not accepting full liability.

I've just actually read the letter in full and they are stating I wasn't stationery. Which I was!

Not sure how to argue that as to me it seems to be a moot point as I was 'mid manoeuvre' as a poster pointed out and already occupying the road

The damage should be easy enough to suggest what happened. A stationary/v slow bump v a moving scrape produce v different results! Sorry this happened to you. They should be reversing into their drive like you do by the sounds of things! No idea why people don't do this.

NeighbourHitMyCar · 20/09/2024 21:25

5byfive · 20/09/2024 21:20

How old is his car? Does he not have reversing proximity beeps? I don’t understand how this could even happen. Why didn’t you see him and beep your horn?

I would say that they are claiming 50/50 as you were as unaware of him as he was of you. If you have admitted putting the car in reverse without checking again to look for traffic you will be found partly responsible.

His car is 2016 no idea about beeping sensors. I cannot stress how close the cars were to each other as the road is so narrow. So even though he was on his driveway and I was on the road, he only had to cover 2 metres to hit me

I had checked traffic left and right and literally looked behind to start reversing when he hit me (before I'd even started moving)

I would say from him in the driveway to hitting me was maybe 2 seconds

OP posts:
TappyGilmore · 20/09/2024 21:25

My car got hit by another late last year when I was parked (fully parked, engine switched off). My insurer tried to say I was at fault and wouldn’t accept that I couldn’t be because I was stationary.

It was a hit and run but I did manage to get the licence plate, so I was able to follow it up and the driver did accept full responsibility. So all sorted. But if he hadn’t accepted responsibility then probably the insurer would have still been trying to blame me!

NeighbourHitMyCar · 20/09/2024 21:22

@FairFuming my insurers are in negotiations with their insurers and have just asked for as much information as possible as they are not accepting full liability.

I've just actually read the letter in full and they are stating I wasn't stationery. Which I was!

Not sure how to argue that as to me it seems to be a moot point as I was 'mid manoeuvre' as a poster pointed out and already occupying the road

OP posts:
thenightsky · 20/09/2024 21:21

Insurance will go for 50/50 if they can. My poor colleague was sat in a parking space in Tesco car park, not moving, when someone clipped the front of her car. Bloody insurance wanted to go 50/50.

Proseccoh · 20/09/2024 21:21

nutrosti · 20/09/2024 21:14

you were on the other side of the road partly

doesn't matter where on the road she was, at the speeds suggested, and presumably in a residential area, the driver who is moving their vehicle is surely at fault.

5byfive · 20/09/2024 21:20

How old is his car? Does he not have reversing proximity beeps? I don’t understand how this could even happen. Why didn’t you see him and beep your horn?

I would say that they are claiming 50/50 as you were as unaware of him as he was of you. If you have admitted putting the car in reverse without checking again to look for traffic you will be found partly responsible.

NeighbourHitMyCar · 20/09/2024 21:20

@DecayedStrumpet this is good to know, thanks

OP posts:
FairFuming · 20/09/2024 21:20

I think you need to speak to your insurance. I thought you being mid manoeuvre gave you right of way especially as he was reversing onto a road from a driveway

NeighbourHitMyCar · 20/09/2024 21:20

Thank you. Interesting ref being on the other side of the road. This is a residential road with no room for parking on either side so even if I was fully on my 'side' he would have hit me as it's so narrow.

I cannot get onto the drive without lining up in this way and as I did so, he had not moved his vehicle from the drive. I wasn't even aware he was in it

OP posts: