Car parking accident - who is at fault?

[Mammyofonlyone]

My Dsis has had an accident in her car and is locked in a wrangle with the other driver (insurance firms are involved) as to who was at fault. She feels it wasn't her fault - is she BU??
She was reverse parking on the road side of a one way street in town, with cars parked on both sides. She had reversed into the space on the left hand side of the road and was pulling forward to straighten up in the space. As she pulled forward the other car came along the road and they collided (my sisters right hand front wheel and the other cars left hand front wing). DSIS's tyre popped and front wing was damaged, as was the other car.
The most important thing is that nobody (inc my two year old niece) was hurt. However the other woman came running up to my sister (DSIS immediately asked if she was ok but the woman ignored her) and started shouting in my sisters face, saying it was her fault and being generally very aggressive, to the point that a (handy) random vicar who was passing by told her to calm down and not talk to my DSIS in such a way. The vicar had also seen the accident take place and told the woman she didn't think DSIS was at fault and that the woman had been driving too quickly.
The woman's insurance company is saying my sister is entirely at fault and hence she must 'pay' (through insurance) for the damages. Obviously this is why we have insurance but, only two months ago someone drove into my sisters car in the supermarket car park, as witnessed by another shopper, then just drove off which resulted in an insurance claim so her premium has already gone up once so she really doesn't want it to go up again as she feels it wasn't her fault.
So, if you have made it this far and managed to follow my rambling explanation, who was at fault??

If she was pulling forward to straighten up in the space then how did the other car collide with her without also crashing into all the other cars parked on the left? Presumably your sister was in line with them?

Did your sister pull back into the road and that's how they collided?

Sounds like the other driver wasn't paying attention.

Did you sister get the vicars details as a witness?

When she pulled forward, did she pull out of the space and stick out on the road? If so, then yes, she was at fault as she pulled out into the path of another car. Did she check the road was clear before pulling out?

If she was just pulling directly forward in the space then I'm not sure how they would have collided, but the damage sounds like your sister was emerging from the space slightly while the road wasn't clear.

I'm finding it hard to picture but if you sister was already maneuvering the other driver should have let her finish before driving past so it sounds like your DSIS is not at fault.

Need diagram..however difficult to see how they had a crash unless yours sister pull back into the road

Sorry I should have said the car approached from behind so DSIS reversed into the space on the left hand side of the road. The car approached from behind as DSIS was pulling forwards out of the space to straighten up. As such DSIS front right wing collided with the drivers' front left wing. Does that make sense?

Your sister should have paid attention to the road and who was coming up beside her but the other diver was also at fault for driving too fast. So I’d say it’s a 50 50

I can’t understand, if your sister was just pulling forward to straighten up, how she was sticking out for the other car to hit her.

I work in the industry and deal with car accident claims daily. Based on your description, your sister is technically at fault. Sounds like she didn't check if anyone was coming past as she pulled forward to straighten up. The other woman had right of way as she was travelling along the road. Your sister, who was in a parking space, pulled out into the road essentially, to straighten up, so, imo, she is at fault. I guess that is also how the insurance company sees it from a technical point of view. Whether the other woman was driving to fast or not doesn't matter because in order to straighten up it was your sister that pulled out and hit the other driver.

OK, I've changed my mind.

She should not have pulled out with a car approaching.

Diagram to follow.

Yes she did get the vicars details and has messaged her a couple of times, to which the vicar initially responded but she (vicar) has not responded to any attempts at contact made by the insurance company

If your sister pulled out onto the road in front of the other car then she is at fault.

Well your sister was most likely at fault, yes. She pulled out into the path of another car. Did she check her mirrors before pulling out? The other driver may not have been there to see her starting the manoeuvre so had no idea she was going to pull out in front of her.

I can’t see how this isn’t your sisters fault. She pulled straight out back into the road when another car was passing which caused the collision. I’m presuming the other vehicle thought that your sister had finished her manoeuvre and then decided to pass, your sister should have made sure the road was still clear before pulling forward to straighten up,

Your sister is at fault. She pulled out into the path of an oncoming car. She should have checked her blind spot to check noone was coming down the road before pulling out to straighten up her parking.

If your sister pulled out of a parking space to straighten up, and she moved into the path of an oncoming car, which, being on the main carriageway, had right of way, she was at fault.

Yup sounds like your sister moved into the path of the other driver

Your sister is at fault for pulling out. Dhe should have waited until clear to finish manoevre.

Different if she was still out in the road and then decided to straighten as other car would've seen. Essentially its like a parked car just suddenly pulling out

Does this help?

I'm confused. Was your sister just pulling forward in the space to straighten up? Or did she drive out of the space again to get into a better position to reverse in? If the former, than I'd say it was the other driver's fault but, if the latter, it could be 50 50 if the other driver was going very quickly, or your sister's fault for not looking to see if any traffic was approaching.

I had an accident a few years ago now where I’m adamant it wasn’t my fault (still bitter now as you may be able to tell!). My insurer ‘investigated’ and decided to settle 50-50 ie. both at fault. I tried to argue my case but what I hadn’t realised was that my view and that of the witness were pretty irrelevant (it wasn’t a police matter so purely a concern for my insurers) - when you take out insurance you hand over responsibility for deciding where blame lies after an accident to your insurer and they negotiate on your behalf. The fact that I disagreed with them was irrelevant. I’d never quite realised that before. I now have a dashcam! In my case my car was old and knackered and we both had insurance with different companies but the same underwriter and think it just wasn’t worth anyone’s time or energy to pursue or investigate it properly.

Sounds totally clear cut your sisters fault. If she was in a parking space and the other driver was coming along the road the onus is on your sister to check for traffic before coming out. Cant see how it's in dispute

On which basis does she think it isn't her fault. What does she think the other car should have done?

Why didn't your sister look before pulling out to straighten up?