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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
Missingstreetlife · 03/10/2017 12:35

Mostly reversing vehicle at fault but his speed may count against him.
Has he got insurance? Check mid website.

Andrewofgg · 03/10/2017 12:35

Insurance and don't talk to him.

Never give a home phone number in these circumstances. Or a mobile. Work number if you like or tell them to use the post.

SquidgeyMidgey · 03/10/2017 12:37

This happened to a friend of mine about a year ago, she was the one reversing out of a space, and it was classed as her fault. Hope you're not too shaken.

mikeyssister · 03/10/2017 12:41

I had nearly exactly the same situation and reversed into someone who ended up winning nearly €40,000.

In my little old lady's medical report they listed every single illness, including those that had nothing to do with the accident, claimed whiplash and in the end my insurance company paid her off because they said I was at fault and they couldn't say what problems were due to the accident and which were down to old age.

Sorry, but it's probably not good news Sad

HazelBite · 03/10/2017 12:44

You have to have it confirmed you are fit to drive by the GP once you are over 70. The insurance company can get in touch with your GP if you submit loads of claims once you are over 70.

WeAllHaveWings · 03/10/2017 12:47

Where is the damage (and the obligatory MN diagram)? If the damage is on the back of your car and the side of his you reversed into him and you are at fault.

If its on the side of yours and front of his, he drove into you.

Anything around the corners is open to interpretation.

SquidgeyMidgey · 03/10/2017 12:50

If its on the side of yours and front of his, he drove into you. that doesn't necessarily make it his fault though.

AttilaTheMeerkat · 03/10/2017 12:50

Had this type of accident some years back and she reversed into my car on the left hand side too.

The insurance company will likely say 50/50 in terms of who is at fault here. That is what happened to me in this scenario.

Your insurance company will deal with his; there should be no other involvement from you to him.

wink1970 · 03/10/2017 12:52

my mum was hit by a car reversing out of a space. Slightly different as she was just trickling past & the girl zoomed out, but the fault is usually with the reverser, apparently.

I second always reversing into a space, but that makes loading the boot difficult, so don't always heed my own advice.

GabsAlot · 03/10/2017 12:59

thats not true sheldon about its in a car park so it doesnt count u cant use your phone even if engine on-maybe thats just recently changd though

op stop communicationg with him and just go through insurance hes trying it on-
what does he mean cant go through insurers he wont dirctly pay anything himself unless hewants his own car fixed

GabsAlot · 03/10/2017 13:01

hazel not true

you self certify after 70-only if dvla are told your unfit can they take your license away

19lottie82 · 03/10/2017 13:01

You should reverse park to avoid situations like this. It sounds 50/50 tbh, go through your insurance definitely.

SoupDragon · 03/10/2017 13:03

I think it is most likely your fault as you were reversing.

Leave it for your insurance company to sort out.

wowfudge · 03/10/2017 13:07

The insurance assessor will be able to judge relative speeds by the damage to both cars. Your witness will likely be very useful. Go through your insurance, ask to complete the form to properly describe what was happening - when you tell someone over the phone there is scope for misinterpretation. Do not go through someone like Accident Exchange. Those companies are leeches who put all drivers' premiums up by arranging courtesy cars at high prices. Any insurance company that pays their fees claws the money back via premiums.

brownfang · 03/10/2017 13:08

Would the fault-distribution bias situation change a lot if OP had reversed into her parking place & was driving forward out of it? I try to reverse park when possible.

poorbuthappy · 03/10/2017 13:11

I don't get this at all (and I mean I'm not disagreeing with other more knowledgeable folk!)
It didn't matter how slow you were reversing out, or how many times you checked over your shoulder...if the other car is driving too fast they are never going to stop.
Surely as you were completing a maneuver and he was driving through a car park...you know where cars maneuver in and out of spaces the onus should be on him to be aware of cars especially if they are coming round a corner?

Nanna50 · 03/10/2017 13:14

I could have written this post myself, exactly the same thing happened to me and the person reversing is always held responsible. I took photos, he was not happy, I also had a witness who said he drove at speed into the car park on the wrong side of the road, they had a direct view.

I also asked for advice on a specialist forum and rang a specialist solicitor before my insurance and he explained that as you are reversing it is up to you to keep checking your mirrors etc as it could be a small child who runs around the corner / past your car etc. Apparently it is a regular occurrence in car parks.

Even though there was no damage to my car I disengaged with the other driver and went through my insurance, it did affect my insurance premiums at renewal though.

NC1990 · 03/10/2017 13:19

Dash cam!! It amazes me how few people have one and they can save your ass in situations like this. Reverse parking is definitely the way to go too as unfortunately insurance companies will usually decide that the reverser is at fault unless there is astounding evidence to suggest otherwise.

specialsubject · 03/10/2017 13:21

Insurers.

And reverse in to a space, much safer.

430West · 03/10/2017 13:24

The person already using the 'highway' has automatic priority over anybody joining it (reversing or otherwise).

A lot of people mistakenly believe that as a carpark is in private ownership, the Road Traffic Act doesn't apply, but there is actually a lot of case law that confirms that carparks etc are public highways for these purposes and the Road Traffic Act applies.

The crucial point is whether the land is freely accessible to the public, if this is the case, then the RTA will apply. It has actually even been confirmed by the courts that a private driveway can be considered a public highway and the RTA applied to it.

kirinm · 03/10/2017 13:24

Don’t go through Accident Exchange (an odd suggestion)! You’re personally liable for their costs if you’re found to be responsible for the accident and additionally you’ll have to pay whatever they don’t get back even if you aren’t at fault. Take it to your insurer.

OP, I’d say it’s your fault, sorry. (Insurance solicitor who has albeit quite some time ago dealt with RTAs).

Stormwhale · 03/10/2017 13:25

Surely the fact that he has hit the side of your car shows he was going too fast. If it had just been that you had reversed out and hit someone, surely you would have hit the back of your car. If he hit the side I think it shows he was going too fast to stop in time.

430West · 03/10/2017 13:29

Would the fault-distribution bias situation change a lot if OP had reversed into her parking place & was driving forward out of it?

No, the highway code establishes who has right of way (priority) in almost every situation and the other party must wait until their way is clear - e.g.:

Car on roundabout has priority over cars joining it.
Car on major road has priority over car joining from minor road
Car on highway has priority over car pulling out of parking space
(lesser known one) Car going uphill has priority over one going downhill

The car with priority can do whatever they like (speeding/overtaking etc), they still have priority over the other car.

endofthelinefinally · 03/10/2017 13:31

I think everyone should get a dash cam.
We did after my daughter was injured in a crash that was not her fault.
Bad and dangerous drivers tend to be the sort of people who tell lies.

430West · 03/10/2017 13:34

You should always reverse into spaces and drive out though, its a lot safer and manoeuvring the car while the engine is warm creates a lot less wear and tear on the engine. Uses less fuel too.