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??

Oh I thought you said the car was behind while your sister reversed into the space and then she straightened up and the other car carried on without letting her complete her parking.

If the car came along after your sister had reversed in then yes I suppose your sister was wrong.

Can anyone else not see the diagram??

I can't see a diagram.

Can anyone else not see the diagram??

I can't either lol

Insurance claims aren't decided on intentions, they're decided on actions. Your sister intended to straighten up. What she actually did was pull out into a line of traffic.

The other driver shouldn't have to anticipate how straight your sister wanted to be, or what she might do to achieve that.

Of course you have to anticipate other drivers' intentions, or I would have had loads of accidents.

If you sister hadn’t of manoeuvred out of the parking space, the other driver would have continued on her way down a road and there wouldn’t have been a crash

@Somanysocks

You’re probably the person that is near to causing most accidents.

Does it actually matter who is at fault? This is why we have insurance!

(and yes I know, it affects unprotected no claims bonus and premiums next year, but it's ludicrous that there are so many arguments when insurance pays for the damage)

The person not at fault will find their premiums rising anyway.

It's really not worth getting knickers in a twist over. Let the insurance companies sort it out.

@PPopsicle how bloody dare you

@BlaueLagune

If someone burnt your house down would you go “not to worry dear, I’ve got insurance”

I think sadly your sister is legally at fault but the other driver should have been aware and stopped to let her complete her manouvere.
but as someone else said why does it matter thats what insurance is for

Oh dear, so annoying for your DS. For what it’s worth I always wait for someone to finish parking before moving forwards, for precisely this reason and for reasons of just trying to be helpful. Unfortunately, it’s not compulsory. The traffic on the highway is not obliged to wait for anyone to finish ‘parking’ before proceeding. Also, the ‘going too quickly’ is irrelevant unless the other driver was actually breaking the speed limit.

Afraid it sounds like your sister was at fault; manoeuvres are meant to be paused whilst there is movement around /past the car... Sorry

So, the woman whizzed past and clipped your sister's car as she was in the middle of parking?

I'd say the other driver was at fault for not reading the road properly

So, the woman whizzed past and clipped your sister's car as she was in the middle of parking

No she was driving along the road and the OPs sister pulled out a parking space and hit her

Your sister is at fault for pulling out into the road

Did your sister signal that she was pulling out to straighten up? If not she is at fault

So, the woman whizzed past and clipped your sister's car as she was in the middle of parking?

Nope. Just read the OP. The sister pulled out into the road, hitting an oncoming car. Definitely the sisters fault I’m afraid.

Did your sister signal that she was pulling out to straighten up? If not she is at fault

Nope. Signalling indicates your intention to other drivers, it does not give you automatic right of way to conduct a manoeuvre that’s is unsafe. Pulling out into the path of a car is unsafe.

Did your sister signal that she was pulling out to straighten up? If not she is at fault

Irrelevant if she indicated. Indicating doesnt allow you to just do what you want. Even if she did signal she still pulled out in front of the other driver

100% your sister's fault, she pulled out on someone.

Your sister is at fault. She pulled back out into the road.

If she’s annoyed because she’s only just got her car back after the last repair perhaps she should take more care.

Your sister is the one at fault

Doesn't matter if she was signalling or not @OnlyLittleMissOrganised - she would still need to wait until the road was clear to complete her manoeuvre. Signalling is only used to tell other drivers of your intended movements, it doesn't give you priority.