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AIBU?

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Original poster

Car accident - who was wrong?

188 replies

WhooooAmI24601 · 03/10/2017 11:53

I was parked up in a supermarket carpark today. Reversed slowly out of my space, checked over my left shoulder, nothing there. Reversed and as I turned my head back over my left shoulder a gentleman in a silver car shot around the corner and straight into the left hand rear of my car.

We're both fine, no real harm aside from dents in both cars, but mine is less damaged than his. Swap details, I take photos of the damage (which he objects to) and leave it there agreeing to speak once we've priced up repairs. He admitted no liability, nor did I. He's just phoned to say his car will be £300 to repair but if he goes through his insurance they'll write it off (his car has dings and dents all around the other sides). I pointed out that if I'm paying for his car to be repaired he'd better be willing to repair mine, he says at his age he can't afford £300 so I'm going to have to pay. I refused and said he was going much too fast around the corner.

The chap got quite worked up and shouted that as a pensioner he has no income and that either I pay him £300 or he'll take it to the police and insurance companies and I'll end up paying more.

What do I do?

OP posts:
DonkeysDontRideBicycles · 03/10/2017 12:04

Just saw you said
A woman who was unloading her shopping came over and passed me her details to say she'd be a witness that he was driving too fast
that's useful.

marble11 · 03/10/2017 12:07

I used to work for the claims department in a large insurer. 9 time out of 10 if you move from a parked position you're at fault.

InfiniteSheldon · 03/10/2017 12:09

Happened to me in a leisure centre car park she shot round the corner talking on her phone and steering one handed. Not much damage either way so we swopped phone numbers. Demanded £500 in cash !! so I just went through the insurance co who said on balance it was still probably my fault and would pay if she took it to an approved garage. No idea if they ever paid anything.

HiJenny35 · 03/10/2017 12:09

You were reversing, his driving although rubbish it's not your right of way and therefore if you go through the insurance without cctv to prove he was driving dangerously you'll be held responsible as it's his right of way and you reversed. You might be better off just paying depending on your excess and the fact that you've then got a claim down and you'll probably loose your no claims.

goldenclaire · 03/10/2017 12:10

marble Shock well you obviously know your stuff i guess. I thought if a driver goes into the side or rear of another car then they are at fault?

JonSnowsWife · 03/10/2017 12:10

InfiniteSheldon I hope you reported her for driving whilst using a mobile!

welshweasel · 03/10/2017 12:11

As marble says, the default position is that you are at fault if you are reversing. Same as if you go into the back of someone or if you hit a 'vulnerable' road user e.g. Cyclist or pedestrian. A cyclist cycled straight in front of my car once, had multiple witness statements that it wasn't my fault, police agreed, unfortunately she still sued me for personal injury and got £8000 from my insurance company, who told me that it wasn't worth contesting despite it not being my fault.

InfiniteSheldon · 03/10/2017 12:11

Doesn't matter in a car park apparently

Theresnonamesleft · 03/10/2017 12:12

Insurance. He's a bully shouting at you and the witness.
I wonder if he has lots of accidents that another one will affect his insurance, if he has any at all. But this isn't your problem.

Don't feel sorry for him. It could have been a person he ran into.

SusanTheGentle · 03/10/2017 12:13

This is what insurance is for. There is no point trying to work this out with him, he's going to be obstructive and you have no reason to trust him. I see you've contacted them already - it's the only thing to do. Make sure you tell them about the witness and him trying to get you to go around the insurance for some reason.

feel awful because he was adamant he couldn't go through his insurance. I'd be feeling far less guilty if he hadn't been so old, poor chap

This is his problem, not yours. I generally feel compassion for anyone involved in a car accident because it's miserable, but minor and major dings, and incidents where both parties are at fault or where you are at fault or where they are at fault are a hazard of driving and practically impossible for two strangers to agree on on their own. That's literally why insurance companies exist and why it's mandated to have it.

LaGattaNera · 03/10/2017 12:13

Wow marble11 find that astonishing. You could be moving at 5mph with every care and some idiot charges round straight into you and it would be a struggle to prove fault with other party. You live and learn. To be fair, I always try to reverse into a space but even so, in OP's shoes, even if I was driving out forwards very slowly, the bloke might still plough into me.

Ghostontoast · 03/10/2017 12:13

If his car has lots of other dings suggests that maybe his driving skills aren't up to it. Maybe he has used the "I'm a pensioner sob story and they'll scrap my car etc etc." a few times before.

Also it might be a "nice little earner"for him - it could be the equivalent of those people who claim for whiplash etc - only he gets a few hundred cash for a ding.

Go through insurance, in the long run it may be cheaper.

Kardashianlove · 03/10/2017 12:14

From a liability point of view, you would be fully at fault. He has full right of way as is proceeding through the car park. You are the one carrying out the manoeuvre and have reversed into his path.

Rubbish though as most people would stop when the see a car reversing, not drive into it.

From a claims point of view though, most insurers would hold you at fault from the circumstances you have described.

origamiwarrior · 03/10/2017 12:14

(I'm not an expert) but I would expect that the position of the dents on the two cars would indicate who was at fault - if the dent on his car is on its front bumper and the dent on your car is on its side, then he is at fault, but if the dent on his car is on its side, and dent on your car is on your rear bumper then you are at fault.

Either way, leave it to insurers!

JonSnowsWife · 03/10/2017 12:16

Even though she was in control of the vehicle at the time? No wonder so many people still do it. Sad

OP. Disengage from the man completely. Just kwt the insurance deal with it now.

Timeywimey8 · 03/10/2017 12:17

That's what I'm worried about, is it automatically the person reversing at fault?

My DH had a very similar incident where he was reversing out of a space and someone drove into him. He just paid the guy £100 and it was settled.

I don't think there are any hard and fast rules despite what people say. Every accident has to be taken on its facts. There may be assumptions eg if you drive into the back of someone it's your fault, but even then a case will be decided on it merits.

My mum's friend was in a layby eating a sandwich when someone drove into the back of her. Cut and dried case, you'd think. But no. The woman who drove into her claimed my mum's friend had pulled out in front of her. Went to court, and court agreed with the woman.

Not long after DH and I met, he was turning out of a car park onto a fairly fast country lane and the car stalled. He put on his hazard warning lights and restarted the car. A car came flying round the corner and straight into him. Driver said DH pulled out in front of him, insurance companies went 50-50.

So people cite mantras about who's to blame in a scenario, but it really doesn't follow that the insurance company will take that view.

If you are reading this, this is why it is much better to reverse into a space then drive into it. Much safer to drive out, as you can see much more easily if someone suddenly appears too fast.

SoPassRemarkable · 03/10/2017 12:19

And this is why i always reverse into a space so i can come out forwards. Less chance of being hit when going into a space and insurers will tend to say its your fault when reversing even if it shouldnt be because of their poor driving.

goldenclaire · 03/10/2017 12:19

Well i will in future be reversing into a space from now on so that when i come out of the parking bay i will be facing forward.

creamcheeseandlox · 03/10/2017 12:20

Police won't do anything for damage only accidents. He's talking rubbish

araiwa · 03/10/2017 12:20

At best i think youll get 50/50

Timeywimey8 · 03/10/2017 12:20

As marble says, the default position is that you are at fault if you are reversing. Same as if you go into the back of someone or if you hit a 'vulnerable' road user e.g. Cyclist or pedestrian. A cyclist cycled straight in front of my car once, had multiple witness statements that it wasn't my fault, police agreed, unfortunately she still sued me for personal injury and got £8000 from my insurance company, who told me that it wasn't worth contesting despite it not being my fault

Not true. Although cycling organisations want it introduced, there is no principle of strict liability in the UK for drivers hitting cyclists.

SlothMama · 03/10/2017 12:23

If his car is already covered in dents and scratches then I would doubt if he would even be using the money to actually repair his car. This is why I have dash cams, can prove in this situation he was driving too quickly.

You have a witness but it's likely the insurance company will go 50/50

PatricianOfAnkhMorpork · 03/10/2017 12:23

hmmm car covered in dents and dings, driver insistent he can't go through insurance? That doesn't sound good to me.

steppemum · 03/10/2017 12:29

your witness will be very useful.
He may claim you were going fast etc etc.

having an impartial witness will help get rid of his exaggerations.

Go through insurance. use your witness.

I was once witness to an accident. Van turned into a side road and hit a car standing stationary waiting to turn out.
The young man driving the car came into the shop a few days later distraught as van driver was claming he reversed into him. I was able to clearly state that young man had been stationary and it was cleared up. They put a lot of weight on an impartial witness staement.

PoohBearsHole · 03/10/2017 12:35

Same thing happened to dh. Unfortunately even though amicable between them the other blind had a company car and the company weren't happy. Went to insurers who said although likely the other guys fault it would always be dealt with as 50:50 as dh was at fault for reversing into the "road" (also car park) they always recommend reversing into the space which until you've been in this situation probably doesn't really register.

However if you take it further it might not fall in your favour so it is best to let the insurance company deal with it.

Incidentally if you are the "middle" car of a bump so someone hits you and you hit the car in front from the accident YOU will be seen as to being at fault. odd and unfair