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Blame in car accident

34 replies

earlydoors42 · 27/03/2022 14:26

DH was stationary waiting to pull out of a car park. A car then reversed into the side of DH's car. He didn't have his reversing lights on as DH pulled up the the edge of the car park to wait to pull out onto the road. This man got out of his car and said to DH "Didn't you see me?" and is now calling it "they had a collision" rather than that he drove into our car.

So I guess we have to go through the insurance as this man won't accept it was his fault so no offer to fix damage. The man hasn't provided his details yet - 3 days later. He was angry with DH taking photos of the scene and his registration number too. I'm just checking this will legally be classed as 100% his fault? Or can he claim both at fault?

OP posts:
BeforeGodAndAllTheFish · 27/03/2022 14:29

If you were stationary and sitting behind him and he reversed into you then it is 100% his fault.

Even if you were driving and he pulled out at sort of the same time, he was the one maneuvering so he needed to ensure his way was clear. He didnt. His fault.

You have his license plate. Call your insurer and give them the details (although I assume you already have.) Let them deal with it.

Aimee1987 · 27/03/2022 14:32

Well if the damage is to the rear of the other persons car and side of yours then yes it would be classed as the other persons fault as they reversed into you.
I'm just assuming and dont claim to be an expert

BluebellsGreenbells · 27/03/2022 14:36

Ring your insurers, they can trace his insurers using the number plate so you don’t need to wait for his details.

LordEmsworth · 27/03/2022 14:38

Well he can claim what he likes; there's no "legally" about it. Usually the onus is on the driver reversing to be sure there's nothing behind them, there will be some exceptions but usually it would be deemed his fault. Which is probably why he's not provided details, he knows it was his fault.

Obviously you need to report it to your insurer regardless of whether he were to offer to repair the damage. They can find him and claim against him through his insurer, if he is insured, or report to the police if he isn't. You will pay your excess but get it back from the other driver, it will be part of the claim against him.

TabithaTittlemouse · 27/03/2022 14:45

The other driver obviously didn’t check that his path was clear before reversing.
Did your Dh report to the police?

JulesRimetStillGleaming · 27/03/2022 14:48

Similar happened to me except I was the other party and was stationary. I was waiting to straighten up, poking out of a space slightly and a man drove into me and scraped the side of his car. I was 100% deemed to be at fault because I was in the middle of a parking manoeuvre even though I was totally stationary and he drove into me! It was my bloody insurer that accepted liability! Bastards.

Paddingtonsmarmlade · 27/03/2022 14:53

I was stationary in the car park (not in a space) and some plonker reversed into me. It went down as his fault. I clearly said that I was stationary and the damage was to the centre of the side of my not small car. They did ring me back up to say that the other insurance were trying to share blame. I laughed and said well i can’t move my car sidewards. My insurance went through what happened again in detail and again said it was not in anyway my fault and the went back and sorted it.

girlmom21 · 27/03/2022 14:53

Go through insurance - have you already reported it?

It's the other guys fault.

TabithaTittlemouse · 27/03/2022 14:57

He’s going to be unhappy at taking photos and providing details because he knows he’s at fault.

RockingAFrock · 27/03/2022 15:18

Insurance companies deal with liability whereas the police look at traffic offences. The insurers could say that vehicle 1 is to blame but the occupant of vehicle 2 should be aware that vehicles are potentially going to pull out and therefore 10% is v2 fault but 90% V1.

There are collisions where pedestrians are 100% the cause of the collision as they’ve looked the wrong way for example and yet they still get an insurance payout.

NorthSouthcatlady · 27/03/2022 15:20

He’s at fault. Another vote to contact your insurance. A few years back someone reversed into me at a petrol station and tried to blame me. Despite the fact l was completely stationary and was queuing behind them to pull out of the petrol station. Them and all the passengers of the car were rather confrontational to me. I wasn’t having any of it, they quickly changed their tune and offered to pay for it. I went through insurance, l had to as it was my then partners company car but would have done anyway to be honest

ENoeuf · 27/03/2022 15:25

@JulesRimetStillGleaming these things really annoy you don’t they? I appreciate your retained bitterness.
I was approaching green lights and the bin lorry was stopped, with clear space in front of the lights. As I pulled out to overtake and moved forward the lorry just started driving, lights changed and I was left stranded in the wrong lane. Oncoming traffic started, bloke drive straight past me taking my wing mirror off. I’m still furious at everyone years later Grin

Hawkins001 · 27/03/2022 15:27

It's worth investment in front and rear cameras

balalake · 27/03/2022 15:48

It was not your fault, OP. It was not an accident, it was bad driving. I'd bet the other driver has worse eyesight than when first passing their test.

Talk to your insurers, if no answer within a week, the police for their refusal to give details.

earlydoors42 · 27/03/2022 15:51

Thank you everyone. My DH sorted out his own car insurance - usually I do all admin - so not sure who it is with but I will get him to ring them as soon as he gets in today.

I don't know if cameras would have helped except to show he was stationary when impact occurred (if it records sound?) but I think I will buy him some anyway as this is the second no-fault incident this year. Someone side swiped him on the ring road not long ago but accepted responsibility and paid to get it fixed. Still a pain though.

It's actually a company car but we have to insure it ourselves - the boss thinks people are more careful if they pay the insurance!

Anyway I will get onto sorting it shortly and not wait for him to provide details as I don't think he is going to!

OP posts:
Piggy42 · 27/03/2022 15:52

Talk to your insurers. You don’t need their details if you have their number plate surely?

Piggy42 · 27/03/2022 15:53

Sorry didn’t read your last update!

BritInUS1 · 27/03/2022 15:59

He pays the insurance for a company car? That's not right, the company should be paying that

earlydoors42 · 27/03/2022 16:03

I hadn't heard of it either (paying own insurance for a company car) but that's how his small company do it... annoying as the car is better than we would have bought so the insurance is more plus pay tax on it but that's another issue! It's going back this summer and he can pick his own next time.

OP posts:
Hawkins001 · 27/03/2022 16:05

@earlydoors42

Thank you everyone. My DH sorted out his own car insurance - usually I do all admin - so not sure who it is with but I will get him to ring them as soon as he gets in today.

I don't know if cameras would have helped except to show he was stationary when impact occurred (if it records sound?) but I think I will buy him some anyway as this is the second no-fault incident this year. Someone side swiped him on the ring road not long ago but accepted responsibility and paid to get it fixed. Still a pain though.

It's actually a company car but we have to insure it ourselves - the boss thinks people are more careful if they pay the insurance!

Anyway I will get onto sorting it shortly and not wait for him to provide details as I don't think he is going to!

From the ones where the videos have been uploaded to YouTube, some camers detect sound and are easily noticeable when the car is bumped ect,
Hawkins001 · 27/03/2022 16:05

@earlydoors42

I hadn't heard of it either (paying own insurance for a company car) but that's how his small company do it... annoying as the car is better than we would have bought so the insurance is more plus pay tax on it but that's another issue! It's going back this summer and he can pick his own next time.
Sounds like they are trying to get around it or save £
RJnomore1 · 27/03/2022 16:08

Don’t be surprised if the guy who reversed into you isn’t insured op.

earlydoors42 · 27/03/2022 16:23

Ooh I hadn't considered he might not be insured! Good point. Well will soon find out!

I will definitely look into cameras. And the insurance - I don't think we can get the boss to change his mind as he did it this way because people were less careful when he insured the cars. I assume the bit we get taxed on is less doing it this way at least. I hope so anyway!

OP posts:
BernardoTeashop · 27/03/2022 17:01

All your insurance company needs to track the other car is the reg plate.
Do check out the situation with the company owning the car and you guys insuring it - you can’t insure something that you don’t own so please check that your set up is valid

SuperSleepyBaby · 27/03/2022 17:09

Did the other car reverse out of a parking spot?

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