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AIBU?

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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:
category12 · 19/01/2020 17:10

No, OP's frriend was on the wrong side of the road, so her fault.

ozymandiusking · 19/01/2020 17:10

I'm going to wade in here! Under these circumstances I would have called the police. The parked car was causing an obstruction and had no right what so ever to park on a blind bend. I think they should be prosecuted.
Unfortunately I do agree with the majority that it is probably the new drivers fault. But, having said that I find it rather hard to understand how the oncoming vehicle managed to hit the OPs friends car if they were three quarters passed the parked car.
I think the insurence company should settle the claims on a knock for knock basis.
questionablemouse Please would it be possible for you to come back at some point and let us all know how the matter was resolved.
Thank you. Best wishes to your friend.

woodhill · 19/01/2020 17:11

Unfortunately your friend

Ooh the person from the other side of the road should have slowed down.

Sometimes I hoot if I am on a narrow road and go very slow.

I would never park on double yellows unless I had obviously broken down.

BernadetteRostankowskiWolowitz · 19/01/2020 17:12

Your friend is at fault. She chose to overtake without knowing the road was clear.

She should have come to a compete stop and you could have got out and looked ahead of the parked car to check the way was clear.

Witchend · 19/01/2020 17:13

I'm not sure there's any situation where a stationary car-especially with the engine off, which I presume it was as OP says "parked" where insurance will put the parked car at fault.

I suspect as she's hit both cars, and was the one moving round the obstruction she is probably better just to chalk it down to experience. I can't see the other cars' insurances even bothering to argue this one.

VivaLeBeaver · 19/01/2020 17:14

But what if the other car coming round the bend had driven round at that speed and found a broken down car or injured person on their side of the road? They should have been going slow enough that they could avoid unexpected hazards and I’m amazed with a car going 10mph and another doing 20mph they didn’t manage to break in time.

adaline · 19/01/2020 17:15

The other car coming towards you should have been going slow enough to be able to stop. So if it was clear when you pulled out and then they came round the bend I say it’s their fault.

No, they were on the right side of the road.

The OP's friend is the one who pulled into oncoming traffic, so the onus is on her to make sure it's safe, and to stop if it's not.

Original poster
QuestionableMouse · 19/01/2020 17:15

@adaline

She only hit the parked car because she was trying to get out of the way of the oncoming car.

Which was an Audi Q7. Her car is a Skoda Fabia. Parked car was a Vauxhall Nova! I haven't seen one of those for years.

OP posts:
Monsterjam · 19/01/2020 17:17

I’m prettt sure technically it’s your friend as she was on the other side of the road, even if it’s hard to see how else she would have proceeded on her way without being on the wrong side

ThatUserNamesTakenTryAnother · 19/01/2020 17:19

TheLovleyChebbyMcGee

Yes, the illegally parked car was wrong, but your friend was more wrong by trying to overtake it when it wasn't safe and hit another car, sorry, hope you feel better soon, whiplash can be painful!

Whiplash at 10mph? That's rubbish I'm afraid

Runkle · 19/01/2020 17:23

Your friend shouldn't have got as close as she did behind the parked car. Had she left some space she might have been able to see better if anything was coming. However, she still should have waited until the road was clear. As she's passed recently I would hope her instructor told her you always go with the safest option, wind down a window to hear if anything is coming etc. She was unlucky but is at fault.

Chocolatelover45 · 19/01/2020 17:27

It's not 10 mph though is it? 10 + 20 = an effective speed of 30 mph - definitely fast enough to cause injury.
Overtaking on blind bends is dangerous - you can't just do it because something is in your way. Someone overtook me on a blind bend yesterday (I was cycling). They almost hit a horse coming the other way. Lucky it was a quiet horse!

JayAlfredPrufrock · 19/01/2020 17:27

Can’t believe people saying you should have got out to check.

There’s is a dodgy junction near me. As you want to pull out you cannot see oncoming traffic from either direction. House windows help in one direction but you have to just take your chances.

myohmywhatawonderfulday · 19/01/2020 17:29

Even if it was parked illegally your friend is completely responsible for her actions in a moving car. She was on the wrong side of the road.

We can all sympathise with the fact that it was unfortunate. Unfortunate that there was a car parked on her side, unfortunate that another car was coming the other way.

But we can only deal in what did really happen and not in what we wish had been different. In this case she went around a car when there was not the safe space to do so.

adaline · 19/01/2020 17:30

She only hit the parked car because she was trying to get out of the way of the oncoming car.

But she shouldn't have been in the path of the oncoming car in the first place.

I understand it's unfair as the parked car shouldn't have been there in the first place, but if there is a hazard on your side of the road, the onus is on you to stop and wait until it's safe.

MaButterface · 19/01/2020 17:32

Your friend was in the wrong. I failed my driving test for the same reason. No matter what, you have to give way to oncoming traffic if there is an obstruction.

XXcstatic · 19/01/2020 17:34

Whiplash at 10mph? That's rubbish I'm afraid

Not true. Whiplash is a sprain-type injury of the neck ligaments and other soft tissues, and can occur at any speed, if the collision causes the passenger's neck to move abnormally, typically a jerk forwards and backwards.

SirGawain · 19/01/2020 17:39

Many years ago a friend of mine crashed into the back of a car which moved off at a roundabout and then stopped suddenly for no obvious reason. My friend would not accept that it was their responsibility because they could see no reason why the other driver stopped. I pointed out that you are responsible for the car that you drive. Even if another driver does something really stupid it’s still your responsibility to avoid an accident.

willloman · 19/01/2020 17:41

friend's fault. Sorry. They aught to have waited till they could see road clear on other side, or simply have stopped behind parked car. Lucky not worse. If you cannot see what is oncoming you absolutely don't cross over the median.

VBT2 · 19/01/2020 17:44

Your friend is at fault, she was on the wrong side of the road. The parked car is a hazard, but not responsible for the accidents.

She’s a new driver and these things happen. Reassure her and tell her to focus on the fact that nobody has been seriously hurt. Cars are just cars, they don’t matter.

You should claim for any real injuries you have, and don’t worry about it, that’s what insurance is there for.

spongejack · 19/01/2020 17:45

Friends fault and the insurance company will be more interested in your back than anything else. I had a very minor incident recently, no injury whatsoever but the insurance company insisted on ringing ,e three times to make sure.

They're so careful about personal injury claims now.

Fanniesyeraunt · 19/01/2020 17:47

I would say it depends on the rules surrounding The double yellows - if it’s no parking at any time (presumably because it’s a blind corner and it’s dangerous) surely the parked car is at fault?

Thislittlepiggywentto · 19/01/2020 17:50

Your friend is at fault in the eyes of insurance. You can't blame a stationary car with no driver in it. Your friend made a choice to go around it. It isnt ideal as the car shouldn't have been there but insurance wise, fault will go to your friend for being on the wrong side of the road.

timetest · 19/01/2020 17:51

Your friend is at fault.

Berrymuch · 19/01/2020 17:52

If it's a true blind bend then the parked car was parked ridiculously, but unfortunately it sounds likely that it will be deemed your friends fault. Aside from staying there all day or turning around (which would still be very dangerous and if something was coming its likely they wouldn't have seen her) I agree that her options were limited; very bad timing, perhaps she could have beeped to see if any response (I know an oncoming car might not beep and it's not in the highway code, but might have had a chance of knowing).