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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:
pollymere · 04/10/2017 18:16

He's at fault and emotionally blackmailing you. Contact your insurer (unless you don't want to make a claim on your car...)

ton181 · 04/10/2017 18:36

Were you stationary when the cars collided, if you were then he hit you; if you were both moving then its 50/50. If you stopped then you tried to avoid him if he didn't stop, then it was his fault.

Penfold007 · 04/10/2017 18:43

Block his number. Chances are he doesn't have insurance.

19lottie82 · 04/10/2017 18:49

If he's refused to give you his details, as already suggested, I'd just block his number and forget about it.

niccyb · 04/10/2017 19:12

I used to work in insurance claims. As you were the one reversing the onus of responsibility is upon you as this is classed as the more dangerous manouvre. It is likely it will go against you however, you can always argue the toss with your insurance company and see whether they will try to get a 50/50 split.
I’ve known people to get there no claims bonus back after a fault claim because when they have threatened to complain to the financial ombudsman the insurance company have relented as it’s cheaper to do that than pay the ombudsman. X

Gentlygrowingoldermale · 04/10/2017 19:14

As an old man please don’t allow his age affect your judgement.

As a general rule I reverse into parking spaces. However, in a supermarket it makes putting stuff in the boot difficult.

silky1985 · 04/10/2017 19:16

talk to your insurance company and say he is of a certain age and you don't think he should be behind the wheel, the crap he will have to go through to keep his licence will get him to go away

ArDali1 · 04/10/2017 19:40

Maybe the fact that he doesn't want to go through his insurance company is, 1) he has had accidents in the past. 2) he's using a car he's not insured on. 3) maybe expired driving license. Or probably will lose his license. I hate seeing people drive over the speed limit, it makes me so nervous!

He's harassing you, block his number. Make sure the police and your insurance company knows this too.

Ttbb · 04/10/2017 19:47

He was at fault.

AwkwardAnnie · 04/10/2017 20:09

Having been in a very similar situation I suspect the insurance company will say it's your fault as you were reversing.

I was also reversing out of a space in a supermarket car park. I have reversing sensors on my car but there was no warning beep, just a long beeeeeep at the same time as the crunch. The woman insistent she had stopped and I had reversed into her, but if that was the case I'd have had a warning. She had her 14 year old nephew in the car who I guess acted as a witness, I had my 7yo DD.

I had to pay up for her car to be fixed (tiny crack on the light) and mine had a slight scratch.

A few months later I got a court letter as her nephew had apparently been having ongoing problems due to whiplash.
I can't work out how if their car was stationary and I reversed into them, I can have only pushed them backwards at less than 5mph. So how can he have whiplash injuries? Hmm Whiplash injuries are caused by your head being thrown forward at speed..... For example if you drive into someone..., not from being pushed backwards

olbndansmummy · 04/10/2017 20:34

He probably doesn't want to go through insurers incase they stop him driving if he was found to be at fault and if his car has other dings and dents he may need a re-test and won't pass it. Let the insurance deal with him.

Enko · 04/10/2017 20:55

Am I the only one who is thinking he doesn't want to go via insurance as he hasn't got one?

BeansandSausages · 04/10/2017 21:00

Coming from a lot of experience here - it is extremely unlikely that you won't be held at least partially to blame. If you've got a reg your insurers will trace him via the mid. They'll do their best to avoid paying anything but without a witness or admission of liability it would be hard. Speed can't be proven and isn't often taken into account at all.
Let the insurers haggle it out, they can take ages unfortunately!

Susan14 · 04/10/2017 21:38

Unfortunately it is likely to be deemed your fault as you were reversing. I had the exact same accident and was found at fault. If you are reversing there is nothing you can argue as you are reversing into their road.

Whereisthegin1978 · 04/10/2017 21:47

Stop communicating with this man. Pass his details to your insurance company and they will sort it. I had a man keep contacting me over accident, and my insurers told me to ignore him.

OhOfCourse · 04/10/2017 21:52

This happened to me. Car sped down the car park IN THE WRONG DIRECTION and insurers still found me in the wrong Hmm because apparently if you’re reversing and crash it’s ALWAYS your fault as you should be checking constantly.

Ginaxx · 04/10/2017 21:53

I work in car insurance claims. As a couple of other people have said unfortunately because it was you reversing you will be held liable. Speed is difficult to prove. You could push the fact you were stationary though, that may help x

JanKind · 05/10/2017 05:40

Let your insurance company deal with it - step away

MyOtherProfile · 05/10/2017 05:57

Please report his hassling of you.

And I hope nobody takes the earlier advice of going through an accident company. They will syphon off money and that's why you have insurance.

picklemepopcorn · 05/10/2017 06:30

What a useful thread! Thank you everybody for the information. I shall pick my parking spaces with care from now on!

araiwa · 05/10/2017 06:36

If you use insurance it really doesnt matter if they put it down as your falt entirely or 50/50. You will still pay excess, have to declare a fault claim at renewal and your no claims discount could be reduced.

If your insurer pays out, it makes no difference if it was £50 or £5000000

Housemum · 05/10/2017 09:38

Write down date/time of all these harassing calls. Do you have another phone or an old tape recorder that you could record the call with? Don't know if that's acceptable as any kind of proof but if you are being harassed it possibly gives you a stronger case?

backintown · 05/10/2017 09:51

What a pain OP, an interesting lesson though (not for you sadly!) but I probably reverse into a parking space most of the time but occasionally go in frontways and reverse out - which is clearly best avoided if it always turns out to be your 'fault' even when it really isn't. Sounds like you definitely took the best course of action.

As for insurance companies hiking your premium - it would happen regardless of whose fault it is. We had someone dent my partners car (which was parked correctly, stationary, empty, in a car park outside a shop) and the police managed to catch the arsehole via CCTV because they had left the scene. All sorted it through their insurance company...then ours doubled our insurance premium the next year, amazing!!

LurkingHusband · 05/10/2017 09:53

Do you have another phone or an old tape recorder that you could record the call with?

Drifting OT: But I find ACR a great app for Android. It records all calls (both made and received) if you want. And for a couple of quid (the paid for version) it can upload the recordings to Google or Microsoft cloud drives.

I have no connection with the developers. Just a happy customer.

(I first got it when dealing with Capita).

ManOfKent · 05/10/2017 14:19

I believe that in the event of an accident you need to provide either your insurance details or your own name and address, but not both.
Giving your own address and phone number leaves you open to idiots and bullying.

I wouldn’t contact my insurer myself because that could then constitute a claim and cause you to lose your NCB.
Give this guy your insurance details, policy number and company only, and tell him to instruct his insurers to make a claim - He won’t, because the dent means nothing to his mobility or the value of his car, and he’ll just go back to grumpyville and leave you alone.
In the extremely unlikely event that he makes a claim you should have photos and notes of his telephone threats ready to respond.

I’d be tempted to tell him that you’d have happily discussed the issue had he not started bullying you, but now it’s this or nothing Smile