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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:
Proseccoh · 20/09/2024 21:19

nutrosti · 20/09/2024 21:14

*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.

yes, you are partly responsible

That's bonkers. Whoever is moving is responsible.

CrossUniStudent · 20/09/2024 21:17

I would say you had right of way because you were already on the road before they reversed onto it but I don't know where you stand legally, that's just my probably rather pointless opinion

DecayedStrumpet · 20/09/2024 21:17

You were stationary? Not your fault.
Obviously the insurers are going to try and get away with paying as little as possible.

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

nutrosti · 20/09/2024 21:17

Bobbybobbins · 20/09/2024 21:16

I think the issue might be if part if your car was over the central line of the road

it was

Bobbybobbins · 20/09/2024 21:16

I think the issue might be if part if your car was over the central line of the road

nutrosti · 20/09/2024 21:14

you were on the other side of the road partly

LondonQueen · 20/09/2024 21:14

Did they reverse? Your post states it was the bonnet but the diagram makes it seem like they reversed into you, in which case they should be at fault as they pulled into the road without ensuring it was clear.

NeighbourHitMyCar · 20/09/2024 21:14

Proseccoh · 20/09/2024 21:12

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

You are right and it was their boot not bonnet!! 🤦🏻‍♀️

I typed too quickly in my fury!!

He has a dent in his boot

OP posts:
nutrosti · 20/09/2024 21:14

*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.

yes, you are partly responsible

Proseccoh · 20/09/2024 21:14

Sounds like they reversed into a stationary vehicle. Definitely fight this if so!

NeighbourHitMyCar · 20/09/2024 21:13

@NewNameNoelle I absolutely was stationary but I guess if that's in contention then even if I wasn't stationary and had started to reverse, I couldn't possibly have avoided being hit!

And the impact on my drivers side is in one area, not scratched along as if I was moving

(Sorry, I'm venting rather than aiming this at you!)

OP posts:
Proseccoh · 20/09/2024 21:12

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

Gelasring · 20/09/2024 21:11

I don't see how you're to blame at all but I guess it's up to the insurers. Surely the responsibility is entirely on the neighbours to make sure the road is clear?!

NewNameNoelle · 20/09/2024 21:11

If you were stationary, you can’t be to blame.

Isn’t that the case?