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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Car parking accident - who is at fault?

96 replies

Mammyofonlyone · 09/01/2020 19:00

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??

OP posts:
Mammyofonlyone · 09/01/2020 19:15

I kind of assumed she was but wanted to gauge others opinion. I think she is just annoyed that the other woman was so aggressive and confrontational and then walked off without so much as asking if my sister and niece were ok. This, coupled with the fact that she has only just got her car back after the last repair meant she was not overly happy!

OP posts:
bespokepaininthearse · 09/01/2020 19:16

100% your sisters fault, she pulled into the road without checking for cars, there's no dispute at all.

Mammyofonlyone · 09/01/2020 19:16

Thanks Mega, it's good to have a professional opinion

OP posts:
easyandy101 · 09/01/2020 19:17

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's fault 100%

She pulled out in front of someone

Upsiedasie · 09/01/2020 19:17

Sorry but I agree that your sister is at fault. She should have checked to make sure nobody was approaching before pulling back out.

AJPTaylor · 09/01/2020 19:17

Your sisters fault.

YasssKween · 09/01/2020 19:18

100% your sister surely? She pulled out into the road (doesn't matter why) in the path of another car. She can't have checked it was clear or they wouldn't have collided. Sorry, it's on her!

Dandelion1993 · 09/01/2020 19:18

It's your sisters fault. The reason will be that she should have checked behind her to see if anyone was coming down the road.

Even if the other car was going too fast, it's your sisters job to check first.

MaryShelley1818 · 09/01/2020 19:18

It is clear that your sister was at fault. The other vehicle was travelling in a straight line in the direction of travel, your sister pulled into the road obviously without checking if someone was coming. Why does she feel it's not her fault?
The woman's behaviour afterwards is completely irrelevant.

Kaboomba · 09/01/2020 19:18

I work in a claims department, from your description that your sister pulled out to straighten up she would be wholly at fault for this.

PPopsicle · 09/01/2020 19:19

Definitely your sisters fault. Every time you change direction etc in your car you should do a 360 look around

Somanysocks · 09/01/2020 19:19

Surely the other car could see your sister was mid maneouvre and should have waited until sure, that's what I do in these circumstances as people often have to go back and forward once or twice.

ivykaty44 · 09/01/2020 19:21

If I was driving along a road and had parked cars on both sides, then a car manoeuvred out of the line of parked cars and the two cars collided- it would be the fault of the manoeuvreing cars driver. You can’t pull out into the road without mirror checking to make sure the road is clear and signalling with your indicator

How would the driver coming along know that a car to the left side was going to move out ?

beautifulstranger101 · 09/01/2020 19:22

Surely the other car could see your sister was mid maneouvre and should have waited until sure

Not necessarily, she might have just turned into the road and not seen her first parking manoeuvre in which case all she would have seen is a woman suddenly pulling out.

Ginger1982 · 09/01/2020 19:22

You'd like to think the other driver doing have realised your sister was completing a manoeuvre and would have waited but if your sis pulled back out into the road without looking then definitely her fault.

cabbageking · 09/01/2020 19:24

Your sister should have checked before she pulled out.
Essentially the same as being parked and pulling out.

If she was straight and pulling forward the car would not have hit her or would have scrapped along the side if it was driving to close.

She must have been sticking out when moving forward.

Notthetoothfairy · 09/01/2020 19:25

She pulled out into someone else’s right of way so that person crashed into her. That means it’s her fault, regardless of whether the other person was going too fast or their behaviour afterwards.

PianoTuner567 · 09/01/2020 19:26

As user points out, it doesn’t matter what your sister thinks or what we think. The insurance company will make the decision and she has no control over that.

Also, even if it wasn’t her fault, they might still put her premium up. It’s a no claims bonus, not a no fault bonus. Unfair but true.

AFemaleWoman · 09/01/2020 19:26

Looking at your diagram, your sister wasn't pulling forward to straighten up but she's pulled left into traffic to reverse in better.

If she was paying attention to the road hie was she not aware of the car? Also the way you say your sister said she was pulling forward to straighten up suggests she may not have viewed her manoeuvre as actually pulling to the right and entering the road so may not have had her indicators on the alert other drivers that she was entering the road ?

Simply pulling forward is not what your diagram is depicting and with that and your words together, it's sounds like your sister is at fault.

Thefaceofboe · 09/01/2020 19:26

Have you got a diagram op? It sounds like your sisters fault, however it does my head in when people see you doing a manoeuvre or parking and they carry on trying to barge past you.

ivykaty44 · 09/01/2020 19:28

Drivers have priority not rights of way

KatyCarrCan · 09/01/2020 19:28

Your DSIS was at fault. She was manoeuvering into the other car's path.

GruciusMalfoy · 09/01/2020 19:30

I am in agreement with most others, your sister pulled out into the other car's path, if she had checked properly she wouldn't have done this.

Runkle · 09/01/2020 19:30

Your sister was at fault. Sounds like she hadn't done a full check (Inc blindspot) and if she had seen the car then you're supposed to stop any manouvere and let the other car pass.

AFemaleWoman · 09/01/2020 19:32

thefaceofboe. Op posted a diagram about 20 mins ago

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