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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Who was in the wrong? (car accident related)

289 replies

QuestionableMouse · 19/01/2020 16:14

Out with my friend in her car today. She's a fairly new driver and has black box insurance.

We came to a blind bend with a car parked in our lane on double yellow lines. Friend moved over and drove around the car at probably 10 mph.

A car coming the other way clipped her car and has done quite a bit of damage to the front end. The car was doing 20mph roughly which is the speed limit.

My friend clipped the parked car and took the wing mirror off, doing some damage to the bumper too.

Both drivers are blaming my friend (she's the youngest/least experienced driver.)

I say the parked car driver is at fault because they were parked on double yellow lines and if they hadn't been there the accident would never have happened.

All been referred to the insurances of course, including pics of the parked car.

I'm feeling very stiff and achy and will probably miss work tomorrow (it's aggravated my already bad back) and poor friend is really upset and shaken.

OP posts:
Roselilly36 · 19/01/2020 16:32

Let the insurance companies deal with it, but from what you said I think they will find your friend was at fault.

IndecentFeminist · 19/01/2020 16:32

Also a bit Hmm at the achy and needing to miss work. Sounds a bit compo for something very minor.

I appreciate she isn't do it on purpose, but the car being on double yellows is totally separate

fuckitywhy · 19/01/2020 16:32

Well that changes everything. If you have no way to see what you're driving into then it's no longer your fault, after all.

Ohyesiam · 19/01/2020 16:33

Your friend is to blame. She should have waited until the road was clear when overtaking.
But it was a blind corner, so the only other option would be to turn round and drive seat the way she came?
And the car was partner illegally on double yellows, that must come into consideration.

Disclaimer: this is logic, I don’t know how the law works.

nocoolnamesleft · 19/01/2020 16:34

Illegal parking is less at fault than unsafe driving. I'm sorry, but sounds like your friend's fault.

sqirrelfriends · 19/01/2020 16:35

It was a blind bend, surely it's not possible to see if there's anything coming?

I would blame the parked car, however I think insurance would see it differently. Bit of a shit situation imo.

DramaAlpaca · 19/01/2020 16:35

Your friend is at fault. The stationery car may have been illegally parked on double yellow lines, but it's actually irrelevant to the accident. The onus was on your friend to only overtake when absolutely certain that it was safe to do so.

CrocodilesCry · 19/01/2020 16:37

PMSL at your whiplash from a low speed bump (not a rear shunt either, so they aren't even going to entertain you being "injured").

Your friend is at fault though.

Strangerthingshere · 19/01/2020 16:37

Your friend is at fault. She should have waited until the road was clear and if she couldnt see because it was such a bad road, she should have beeped the horn to let any other road users aware. Though the car was ridiculous to park there and if it wasnt for a breakdown for example then the insurance company might argue

AlbaAlba · 19/01/2020 16:37

It sounds like your friend was to blame. As a passenger, if you're badly injured (and if you've already bad back a relatively small accident can cause a lot of pain, and may get worse over the coming days) you may need to claim off her insurance.

ioioitsoff · 19/01/2020 16:39

Your friend was responsible for hitting the parked car. As for other car, I think that's also down to your friend as it's up to the driver to make sure the way is clear if pulling out round an obstacle, especially if she crossed the line in the middle of the road.

WireBrushAndDettolMaam · 19/01/2020 16:39

Your friend is at fault. She is responsible for safely manoeuvring around a stationary obstruction. If she couldn’t see that it was clear to proceed, she needed to go incredibly slowly and leaving enough space between her and the obstruction.

KnifeAngel · 19/01/2020 16:39

Your friend was definitely at fault as she overtook the parked car on her side of the road. She should have held back until the road was clear.

Concestor · 19/01/2020 16:40

Crocodiles, I got awful whiplash from gently rear ending a car at about 15mph to the point where I've now got a permanent issue with my TMJ. So your comment is ill-informed.

LIZS · 19/01/2020 16:40

She could have edged slowly past to get a better view, ready to stop or reverse, or you could have got out and walked ahead to check it was clear. It seems unlikely the car was parked such as to obscure the entire length of the bend.

Vilanelle · 19/01/2020 16:41

Friend at fault I'm afraid. Yes car was illegally parked but the responsibility was on your friend to ensure they could pass it safely, like any other hazard that approaches them.

Original poster
QuestionableMouse · 19/01/2020 16:43

@adaline we'd probably still be parked there now. Its a proper blind bend and this isn't the first accident in the same circumstances unfortunately.

Not interested in compo. I just have a bad bad and the bump has made it worse. I feel bad for my friend because she's so shaken up and this is her first car.

OP posts:
Mummyoflittledragon · 19/01/2020 16:43

Your friend was to blame. Idk if there is anything she can do to mitigate this due to the car being parked so badly that it is impossible to overtake at that point. Maybe she can get some advice from her insurance company. It’s good she didn’t accept liability. This is for the insurance companies to decide.

Vilanelle · 19/01/2020 16:43

Are u just trying to find out who to send your whiplash claim to op?

SleepWarrior · 19/01/2020 16:44

I don't think the parked car is relevant. They were wrong and dangerous to be there, but from a liability point of view I fear it's nothing to do with them. Anything could end up in the road like that; a dead animal, a broken down car, another collision, a fallen tree etc - all of which you would be expected to maneuver safely around without colliding with traffic in the opposite direction.

The parked driver was an idiot though. Who parks on a blind bend on double yellow lines?!

Blackbear19 · 19/01/2020 16:44

Unfortunately I think it will go down as being your friends fault.

She hit a stationary vehicle, which is a fairly automatic the moving cars fault.
As for the vehicle coming towards her before proceeding round the blind bend she should have sounded her horn to alert other drivers to her presence. The driver coming towards her would not have expected to have a vehicle on the wrong side of the road.

It's one of those things that the person who really causes the accident gets off free and some other sod takes the blame.
I had a car pull out in front of me, I managed to avoid him, but the car behind me hit me. In the eyes of insurance companies 100% the car behind me's fault.

Original poster
QuestionableMouse · 19/01/2020 16:47

@Vilanelle

I don't think I've mentioned the word whiplash have I? I had a fall while show jumping a few years ago and damaged one of the ligaments in my back. The bump has made it flare up again, same as if I'd slipped over walking.

OP posts:
category12 · 19/01/2020 16:47

If you're going to claim, it's going to be your friend's insurance.

newnamewhosthis · 19/01/2020 16:47

Your friend will be found at fault, the fact that the car was parked illegally is unfortunately irrelevant that's seen as a separate issue.
The hazard was on your friends side of the road therefor she should have gave way to oncoming vehicle.

vdbfamily · 19/01/2020 16:47

this was a BLIND BEND. Parked car totally at fault. Friend either had to take a calculated risk or stay where she was until parked car moved. Cannot believe everyone is blaming the friend. There is a reason why blind bends have parking restrictions.