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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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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:

Original poster

WhooooAmI24601 · 03/10/2017 22:55

Green I did wonder if it was one of those, but his age made me think perhaps he's just genuinely struggling. Our neighbour (who is lovely but a bit of a ruffian) came round to look at the damage earlier and suggested the same thing, that a few hundred quid cash is a good day's work when you're driving a knackered-up car.

Thanks for the advice and opinions everyone, it's been very helpful.

OP posts:

Belindaboom · 03/10/2017 22:56

Camper it doesn't matter - the person reversing will always get the blame unless there is some kind of evidence to the contrary.

VelvetSpoon · 03/10/2017 23:11

A car park isn't classed as private land.

The person reversing isn't always at fault. That's just as nonsensical as saying if you get hit in the rear the other driver is always to blame!

All cases turn on their particular facts. There are many variables - quality of evidence, damage caused, witnesses, claims history etc.

This guy is possibly just a bit Old, a bit careless/ complacent in his driving hence the excessive speed.

Or he might be a serial Claimant. For all you know this is a regular wheeze, striping up people for the alleged repair cost to his vehicle. He may well have had 300 a time for eaxh one of those little dents and dings. Often people pay up to keep thd peace/ through fear of losing NCB. Unfortunately if he's never claimed through insurance you won't be able to prove that. However it does mean he is unlikely to want to put a claim through. So you may end up hearing no more about it.

Or he may decide if insurers are involved to try it on with an injury claim...

GabsAlot · 03/10/2017 23:14

go ahead thn not your problem if it gets written off

if he has insurance at all

Withhindsight · 03/10/2017 23:20

Just read first couple of pages- he may not have insurance and could be driving illegally, sounds suspicious if he started shouting - but shock does do funny things to people too. Report to your insurers and let them handle it, that's what you pay them for

SouthWestmom · 03/10/2017 23:23

So if I reverse out, see a car and stop and they hit me -

It's my fault?

Or if I am driving, see someone reversing out, don't fancy stopping I can just drive into them?

This makes no sense

GreenTulips · 03/10/2017 23:32

I've worked in insurance and have never heard that the 'reversing car' was always at fault and this struck me as odd that he knew straight away that it was 'your fault' most people would assume it was husband as he hit you!!

Seems far too knowledgeable in my opinion

That and knowing his car would be written off - sounds like he's been there before

Anyway his car and insurance is his look out not yours

Let us know what they say as I'm really interested in their viewpoint

bunningsbunny · 03/10/2017 23:33

The more desperate he sounds to ensure that the insurers aren't involved, the more it sounds like they should be...

I can't see that the insurers are going to want to write off a car that only needs £300 of work doing as a result of this bump - how much do you reckon his car is worth (is it worth that or more or is it an old banger?).

It would make me want to tell the insurers that he is so keen not to involve the police or the insurers that I suspect there is something else going on - be it lack of license, lack of insurance, lots of previous claims or the fact he hasn't let them know when he's had lots of bumps previously (most insurance these days wants to know when you've had an accident regardless of whether or not you claimed so the dings in the paintwork would suggest that he hasn't told them when he has had accidents maybe) which could then invalidate his insurance... or something else.

But definitely something worth investigating in case it helps your case.

Also - as you have his car reg number, you can pay £4 and do a single look up to see if the car has insurance through this service:
www.askmid.com/askmidenquiry.aspx
(You can look up your own insurance status too but you have to swear that you are allowed to because you are you, you can't use it to look up other people and can be punished for doing so)
Or I'd guess that the insurance company should be able to do this for you for free, but if they seem reluctant to do anything it might be a starting point.

If you highlight the fact right at the start of your claim that you think he is trying to scam you (and therefore the insurers) it might encourage them to look at it more closely than reading 'reverse - automatically your fault' even if they do ultimately decide that they can't prove anything.

Good luck!

Have you

DiegoMadonna · 03/10/2017 23:38

Noeuf I was thinking the exact same thing.

But then I wouldn't actually be surprised. Insurance companies don't always follow the laws of logic, in my experience.

dotdotdotmustdash · 03/10/2017 23:45

You can look up mot, tax and insurance details on the DVLA website.

Florence16 · 03/10/2017 23:51

Might not be your fault.

Someone drove into the back of me. I have dashcam footage showing me driving fine, then a big thump in the back and this car overtaking me and pulling over. Aviva have had no joy in getting the other party to admit liability and it has now been referred onto solicitors to get my excess back..! Supposedly in this case it's always the other persons fault, and I have dashcam footage showing me driving fine, but that still isn't enough apparently.

BadLad · 04/10/2017 00:09

So if I reverse out, see a car and stop and they hit me -

It's my fault?

Unlikely to be your fault in that case, but your problem would be proving that you stopped reversing before they hit you.

Sukistinks · 04/10/2017 00:30

I haven't read all the thread but wanted to say do not communicate with him. I think an accident and fraud investigator (self employed and take contracts from the big insurance companies).
Speak with your insurance company but also let them know immediately that it was aow speed impact and then if he claims for personal injury you can ask for it to be thoroughly investigated.
Pm me if you need accurate advice, happy to help anyone in a fix.

Sukistinks · 04/10/2017 00:31

Typo sorry... I Am... Not I think, but I sorry, autocorrect

Sukistinks · 04/10/2017 00:38

Belindaboom... The person reversing is not automatically to blame. It is possible to determine liability with interviews and an investigator measuring the scene. These interviews are becoming more common as insurance companies are fighting back

LurkingHusband · 04/10/2017 10:56

I always look for spaces with an empty space in front of them as well. Then I just pull in to the empty space, then roll on through to the space straight ahead.

You never encountered the "lonely car" effect; where you park with 100m exclusion zone only to return to find a lone car next to you ????

LurkingHusband · 04/10/2017 11:15

Isn't there a general principle that a car coming from a minor road (e.g. parking space) has to give way to a car proceeding along the main road (e.g. the lanes along a car park) ? There may be circumstances which negate that, but it's the default position.

GladAllOver · 04/10/2017 14:07

OP it's very simple. Don't talk to the guy any more. Report it to your insurance company, and let them deal with it. That's what you pay your premium for.
Anything else is wrong and will just come gack to haunt you.
I hope you have told your insurance already, because you are required to do so under the policy conditions.

Original poster

WhooooAmI24601 · 04/10/2017 14:22

Insurance company are being brilliant about it (likely rubbing their hands in glee that they can whack up my premium next year in April when I renew) but I won't lose my protected no claims, which is good.

They've also said that their rule of thumb is that the person reversing is always wrong unless you can prove the other person was speeding. They've said they can contact my witness (who saw him moving too fast towards my car) but as she can't possibly diagnose exactly what speed he was going, it'll be on my insurance. So yep, I think your rule of thumb is generally right Lurking.

Moral of the story is never reverse into a road, out of a parking space or anywhere else for that matter. The chap has phoned twice today and shouted because I said he needed to deal with it via his insurance company. Would it be very rude to block his number now?

OP posts:

OlennasWimple · 04/10/2017 14:42

Block his number and tell your insurance company that he is being difficult

DiegoMadonna · 04/10/2017 15:17

Such a typical British attitude, OP

"He's called me twice today shouting at me, would it be rude of ME to block his number?"

Of course not!!

LurkingHusband · 04/10/2017 15:24

Such a typical British attitude, OP [grin ]

"He's called me twice today shouting at me, would it be rude of ME to block his number?"

My DF never understood why the English had a law that you had to answer the phone or door.

VelvetSpoon · 04/10/2017 15:32

Block his number, tell your insurers he has been harassing you and that you have concerns about whether he is genuine. Make sure they know the car was in a poor state of repair before the collision.

Original poster

WhooooAmI24601 · 04/10/2017 16:23

Such a typical British attitude, OP

Hah you're right, but I feel so rude. I've done it anyway but feel like I ought to do 50 hail Mary's for my nonsense!

OP posts:

jessebuni · 04/10/2017 18:16

Go through the insurance. It will likely be a 50/50 claim although depending where the damage is on your car. If it is on the back or corner they might say your fault as you were reversing and he would have already been in your path. If it is on the side then you were already in his path and since they probably can't prove how fast either of you were going will likely go 50/50. If there is CCTV then that might help.

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