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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Which driver at fault?

42 replies

Whostoblame · 17/09/2020 14:54

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

OP posts:
SnuggyBuggy · 17/09/2020 16:30

Doesn't sound like either were looking where they were going

HunterHearstHelmsley · 17/09/2020 16:33

I'd say A was at fault. B checked and the road was clear. Then A started reversing at them.

Totickleamockingbird · 17/09/2020 16:42

It’s about 50:50 though car B is mainly at fault for giving no indicator before making the move. Car A should have done it very slowly so they could judge hazards (car A in this case).
Again, it depends upon the timing too. If car A was already parallel to car B then B is definitely 100% at fault.

SomeHalfHumanCreatureThing · 17/09/2020 18:11

@Totickleamockingbird

It’s about 50:50 though car B is mainly at fault for giving no indicator before making the move. Car A should have done it very slowly so they could judge hazards (car A in this case). Again, it depends upon the timing too. If car A was already parallel to car B then B is definitely 100% at fault.
Good point. Did B hit the back of A's car, or the side?
NikeDeLaSwoosh · 17/09/2020 18:18

Car B is at fault for 2 reasons:-

Firstly, the highway code says you should never park on the 'opposite' side of the road. If, as you say car B was facing the traffic, then they ere automatically in breach of the Highway Code for parking on the wrong side of the road.

Secondly, the car already on the highway automatically has priority over any car joining it. This is very broadly interpreted in insurance claims, so A could be doing pretty much anything they liked, if B pulled into their path, then B is at fault.

NikeDeLaSwoosh · 17/09/2020 18:19

@Totickleamockingbird

It’s about 50:50 though car B is mainly at fault for giving no indicator before making the move. Car A should have done it very slowly so they could judge hazards (car A in this case). Again, it depends upon the timing too. If car A was already parallel to car B then B is definitely 100% at fault.
No, this isn't the case, B was joining the carriageway, so should have given way to traffic already on the carriageway, irrespective of what that traffic was doing.
SkyinthePie · 17/09/2020 18:22

As far as I see it, the fact that car A was reversing is irrelevant.

B pulled out without indicating or checking that the way was clear, and drove into car A.

MJMG2015 · 17/09/2020 18:29

@pumpertrumper has already answered from a position of knowledge!

I don't understand why driver A wasn't looking when reversing, what if a child had run into the road? You can't just look once then reverse blindly!!!

B was also driving badly.

TheWho67 · 17/09/2020 19:26

I used to work in Motor Claims. There are rules on reversing as stated in the highway code. The onus is on the driver reversing to check and keep checking that the way is clear. Much would depend on where the damage on both vehicles are. Quite often I found that the car drivers statements/version of events fell apart when looking at the evidence.

CastleCrasher · 17/09/2020 19:34

Where was the impact point on car B?

Have a background in this area and would say both at fault but split would depend on impact point. In practice, most likely to settle at 50/50 as faster and cheaper that way

Whostoblame · 17/09/2020 21:08

Thanks everyone :)

OP posts:
Vigoro · 17/09/2020 21:20

Car A is at fault.

Sanpro · 17/09/2020 21:26

I think Car A is at fault as they should be looking behind them when reversing. Also, we’re they reversing very quickly, so Car B didn’t have a chance to see them? Did Car B just peel their nose out and get clipped by A?

Either way, Car A is, l suspect, likely to be found at fault. Car B would expect be able to pull out into their own direction of traffic without a car reversing back down their lane.

MomToTwoBabas · 17/09/2020 22:44

Car b is at fault

SomeHalfHumanCreatureThing · 18/09/2020 00:49

So wrong. I've been driving 24 years. Unless point of impact is half way up car B, it's 50:50

Casschops · 18/09/2020 02:27

If asked tell them what you saw leave insurance to make up their minds.

Torvean32 · 18/09/2020 02:43

Did car A reverse and then stop before it hit car B?
Did both cars move at the same time?

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