Car accident - who was wrong?

[WhooooAmI24601]

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?

Ghost curry good idea in principle but isn't it hassle to put shopping in boot?

I had someone reverse into me as I was reverse parking in a car park. I was positioned and stationary behind her car, engaged reverse ready to manoeuvre and she reversed into me. Clearly hadn't looked.

It is a bit of hassle to put shopping in the boot when reverse parked. Crashes or flattens are much more hassle.

I've also had near misses of what wowfudge describes. People don't bloody look.

I've been in a similar situation too. I reversed out of a driveway onto a side road and someone was bombing down the hill, hit me as I started to pull out (I have a panoramic reversing camera and 4 parking sensors), she came that fast, literally I looked over one shoulder, looked over the other and bang! I had a witness that said other woman was driving too fast, was very aggressive at the scene though she claimed liability straight away saying she just didn't see me but later retracted this (in fact she claimed she was a solicitor and gave me the "I know my rights" speech - turns out she used to do some temping in a solicitors office and was now working in the local supermarket!) So guess who's fault it was....mine! No 50/50, just my fault as I was reversing, it's all wrong. Our insurers are direct line and although they were very good, a lady told my husband that as soon as they see the word 'reversing', they almost stop reading the report and blame is assigned

Go through your insurance. I had accident earlier this year - young guy hit me, said he wanted to sort it until he found out how much it was going to cost. I'd reported to my insurance, saying I didn't know if I'd claim. By time I got back to them to put in a claim he'd put in a claim against me- denying liability. Insurance found him 100% at fault. Arsehole

You were in private land. It’s 50/50 fault wise

Reversing on to a main road would be different as it’s a highway and the person reversing into the road would be at fault. Reversing in a car park is different as it’s orivate land

Unfortunately OP, you are more than likely going to be held at fault here. Whether he was going too fast is irrelevant regarding liability in this instance. As you were reversing, you have a duty of care to make sure you're safe to do that. The man driving through the car park has right of way - essentially you should stop to let him pass you, he doesn't have to keep an eye out for cars pulling out and stop for them.
With his speed, it's almost impossible to prove in a small accident - and the cost of investigating usually isn't worth spending as it makes the whole claim cost rise more than admitting liability and just paying for repairs would.

Also, private / public land doesn't make a difference.

I would let your insurers deal with him. Your no claims bonus will be effected but you only have to pay your excess if you claim for your car too. I wouldn't pay for anything for the other driver - there's nothing to stop him taking your money then trying to claim again from your insurer / claim for injury later.

I speak from experience (work for an insurer and deal with claims for a living)

I was in a car park when I was hit. Other driver was found 100% at fault

The woman who reversed into me eventually admitted it was her fault to her insurers. She had actually said to me, "I didn't see you". No shit Sherlock.

The argument that somehow it's different on private land doesn't hold water. We still have to abide by the same driving rules, it doesn't suddenly become a lawless free for all.

TBH if he can't afford the excess on his insurance, he can't afford to be driving

agree olenna

op if hes given u his nam address and reg thats enough for insurers thy'll find him on the database

it makes no difference if its a car park highway code an law still applies

If the land is open for anyone to drive in, it's covered by all usual driving laws regardless of ownership.
But in any case you are required to tell your insurers of any accident regardless of who you think is to blame.

Please don't deal with him direct, it will end in tears. You must go through the insurance. It may well end up as "knock for knock" but you'll still be better off in the long run and by the sounds of things it's likely to be him in the wrong which is why he is probably hoping to keep insurance out it.

When he phoned to tell me I owed him £300 cash later today he said "they'll write my car off if we go through the insurance" and said that was why he couldn't use his. He refused twice to give me insurance details so I've passed his information on to my insurance company and asked them to deal with it. I think I'd rather pay the excess and take the hit than deal with him personally, because he's bent on me paying for both cars to be repaired.

I'm afraid that you were in the wrong as it will be treated as you are emerging from a road someone driving along has right of way. The speed doesn't come into it you should have stopped. I work in insurance

As you were at fault it will be your claim that pays out for both and I hope you have pictures

He theathened to report to police and insurer. The police wfnt be interested as youve exchanged details and no roads were blocks and thats what you doing anyway contacting insurers. Yes agree with others no more contact, just let insurers deal with him.

wll if its just a dent he wont need to get it fixed it will just put his premiums up

could it be driven ok?

The speed doesn't come into it you should have stopped. I work in insurance

Stopped where? When? I checked, reversed out of the space whilst looking over my left shoulder and as I moved he'd sped around a corner into my car. How does the speed not come into it? If you go around a carpark at over 30mph you're less likely to be able to stop quickly. Surely that's dangerous driving? All I could do was slam on my brakes as he drove into me.

Gabs His car wasn't even dented, mainly just scratched down to the metal like mine was. Perfectly drivable. There was damage to the front, drivers side and driver rear of his car which I pointed out to him as proof that he'd probably had a few prangs previously and he got cross and shouted that I had no right to take photos.

How is it the OP's fault?

If she was half out of a space, and the other driver comes round the corner and crashes into the side of her car?

Hi OP - not read all of this but have seen several posts where people purposely hit reversing cars and become aggressive - a new cash for crash scandal I'm afraid

So please anyone who this happens too report it to the police

You have to report ALL claims to your insurers otherwise it invalidates your insurance. Even no fault no claim claims - read your policies