Car accident.. Who's to blame?

[Maltalover78]

A car was parked on the left half on the road and half on curb. I'm driving towards it and as I get half way past she pulled out straight into my car. She has damage to drivers side from headlight to about wing mirror, my car damaged from bit past headlight all the way to passenger back door. She said sorry that she wasn't looking and now charged her mind with insurance... Looks like its going to court, she didn't indicate either. Plus I believe illegally parked?

Hers, by the sounds of it. If you were driving along the road and she pulled out into you without checking her mirrors then she's at fault.

If she was pulling out from a parked position it’s her fault. If she had already pulled out and you hit the back of her car because you failed to stop...then it would be your fault. As it is she pulled out when you are already along side her car, definitely her fault.

She is.

The onus is on her to wait until the way is clear before pulling out. Even if she was indicating the clue is in the name - it's an indication that she wants to pull out, you cant just do it and expect other road users to get out of your way.

It was her fault. She pulled away from a parking space into moving traffic.

As the damage is all to the side and shows you were ahead at the time of impact, , I think she'd struggle to claim it was her fault but that assumes she admits to pulling out from a parked position.

Will be difficult to prove and most likely settle at around 70/30 in your favour. She will argue she was indicating to pull out when you overtook or something stupid.

Her fault entirely. Why would it go to court? The insurance companies should be able to work out what happened from the areas of damage.

Not difficult to prove. What is she saying happened?

Did you tell your insurer that she said she was sorry she wasn't looking?

She will argue she was indicating to pull out when you overtook or something stupid.

Indicating does not give her the right to pull out. She is at fault.

Incidentally, why do you think she was illegally parked, OP? Not that it’s relevant, I’m just interested.

Probably because she was up on the kerb where it isn't allowed.

Must be London then, it’s not illegal anywhere else.

We had a car written off in exactly the same situation many years ago. Our person apologised and admitted liability.

Birmingham... Someone told me it was illegal to park like that. Yes she's saying I over took her after she was waiting for someone in front to move off. Will the damage of both cars not tell the truth?

The illegal parking is a bit of a red herring... You can get done for it outside London too. Definitely make sure insurers know she said 'Sorry I wasn't looking.'

The damage to both vehicles is likely to be consistent with either version of events unfortunately.
In the absence of either of you having dashcam, or any independent witnesses, it might well come to a split in blame between you both. Financially your insurers will consider the costs involved in this going to court, and whether it is worth the risk of the judge preferring the other driver's version of events.
It's truly crap I can't recommend dashcams strong enough.

As above - insurers should be able to work it out from the damage to both cars. I take it no witnesses?

There was a Chat thread only a couple of days back about the legality of parking partly on pavements. Varies even by borough.

And she’s 100% at fault, to answer the original question.