Which driver at fault?

[Whostoblame]

I was witness to a small very low speed crash today and unsure who is to blame.

Car A - driving down a residential street
Car A stops as truck in road blocking way due to truck on right hand side blocking oncoming traffic lane. Checks and noone behind, car backs up and crashes into Car B

Car B - parked at side of road in parking bay, facing into incoming traffic. Car B pulls out and Car A hits it. No indicator used.

Im not sure who's at fault or whether there is partial fault on both sides and if so, how would insurance claims work?

Thanks

Could be wrong but I would say B is at fault. They were joining the road (from the parking bay) and so it's up to them to check the road is clear - and also to indicate their intention to move out of the parking bay.

My driving instructor would say that Car A should never have been so close behind the vehicle in front that they couldn’t pull away without reversing. It’s 30 years since my lessons - but I do remember him saying it quite often when we were queuing at traffic lights.

Car A shouldn’t have reversed without checking it was clear, should have reversed at such a speed that they could stop if an obstacle appeared. But same applies to Car B. I think the fact that A was reversing would lead to a 50/50 decision between the insurance companies.

To me it seems to be 50/50.

Car A shouldn't have reversed if the road wasn't clear, but Car B shouldn't have pulled out without checking and indicating first. I suspect car B will be found at fault as they were joining a carriageway, though I could be wrong.

I'd say car B pulling out into the road without double checking what the state of play was first is definitely at fault.

Car B didn't indicate and joined the road, should have been paying attention to what car A had stopped for. Car A checked for cars behind but since B wasnt indicating had no reason to believe they would pull out. B at fault. But it will probably be knock for knock, especially if there's no footage.

Car B wasn't reversing out was he/she?

Thanks for all replies so far, Car B wasn't reversing no.

@Cocomarine Car A wasn't behind any vehicle, it was driving down the road, stopped as their way was obstructed by an incoming vehicle on their side of the road and was reversing to let them through

Was car B stationary as you say Car A hits Car B, sorry if it’s obvious but I can’t figure it out.

Car A at fault.

Car B was not stationary, it was mid leaving the space

you're so obviously Car A!

I’d say B was at fault but insurance will probably decide 50/50.

I'd say 50:50.

I used to deal with car accident claims for a living (I was the person sat making the who is at fault decisions for insurance companies)

This is a dual fault claim, most likely 50/50 but if you want to rip it in A’s favour you can STRESS the lack of indication from B on the witness statement they will no doubt send to you. They will not get 100% non fault, it’s basically impossible when you’re reversing as there is no right of way applicable to reversing your vehicle.

Both cars were completing manoeuvres which usually land them at fault for any accident.

In reality though its not really about who is at fault in situations like this. It’s cheaper and easier (because of the legal costs involved) for insurance companies to admit fault than to argue and lose- so if it’s anything other then blatant non fault (and sometimes even then) insurers get angsty and end up playing a game of chicken over who will admit liability first.

*tip it in

I’d say A is at fault.

@Keaveny I wasn't driving, I was a witness :)

Have I read it right?

Driver A looked behind and saw it was clear, then started reversing and hit car B.

Was Driver A not looking behind them while they reversed?

Can't see it matters either way. You have to tell your insurance, so your premium will go up anyway. I can't see why we have to have all these arguments over fault, just share the cost and move on.

It's different when someone has been reckless and caused personal injury but a few scratches and dents on the cars? It so doesn't matter.

You are U for not including a diagram by the way, as I am struggling to picture exactly what happened. Were there two trucks side by side?

I get very irritated at all the times one is allowed to drive on the 'wrong' side of the road in Britain. It's totally prohibited where I'm from, but rampant here. And part of OP's story (Car B).

Anyway, as I understand it, CarB was moving when hit and moved into Car A's path or would not have been hit. I think will be 50:50 as both were not looking where they were going adequately.

If course fault matters.

In this case 50:50 really. A should have been checking behind them while reversing, and B should have looked properly before pulling out.

Sounds like 50/50 to me. A should have been looking (and if I remember correctly, not reversing on a main road) and B should have seen A on the main road and their reverse lights.

If you're a witness, just tell it as you saw it, you're not making the decision.

B should of indicated. How would A know they are about to pull out?

B is at fault and should of been looking what was happening in front of them. It’s not exactly hard to see a reversing car in the path you are about to pull out in.

@cologne4711

Can't see it matters either way. You have to tell your insurance, so your premium will go up anyway. I can't see why we have to have all these arguments over fault, just share the cost and move on.

It's different when someone has been reckless and caused personal injury but a few scratches and dents on the cars? It so doesn't matter.

You are U for not including a diagram by the way, as I am struggling to picture exactly what happened. Were there two trucks side by side?

Why would you share fault/cost if it isn’t your fault?

I had a accident years ago that wasn’t my fault. My insurance the following year didn’t go up.