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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Car crash

44 replies

Sleepdeprivedmumma · 08/11/2021 16:23

Hi all - I have also posted on the legal board but posting on here for further advice.

When leaving the car park at work a few weeks ago someone reversed out of a space and hit my car as I was passing. They hit the last 3rd of my car - passenger door toward the end of my car, so the majority of my car had passed them before the contact.

We have gone through insurance but he is saying that he is not at fault as I was speeding.

There is cctv footage which I have seen and which the insurance company has a copy of. My car is heading towards the camera and it does indeed appear as though I am going fast but I know that I was travelling at no more than 6mph.

I've had a look at the internet and many articles confirm that objects coming towards you do appear to be going faster than they actually are.

Since the incident I have checked and the car park has a speed limit of 5pmh - only indicated by a very washed out sign at the entrance. Not clear at all.

Where do I stand on this as the insurance company are saying that if they think I was speeding I will be half responsible for the repairs / have to pay my excess which is £850!

I really do not think I was at fault here and want to get some evidence to back it up.

Thanks for your help.

OP posts:
TotallySuper · 08/11/2021 16:24

This will probably go 50/50. Slow down next time just in case.

SirChenjins · 08/11/2021 16:31

If he reversed out and hit you where he did then he's liable - it shouldn't go 50/50 and the CCTV cannot confirm speeds, only a properly calibrated speed camera can do that. Stand your ground - and don't say you were going 6mph!

Moonshine11 · 08/11/2021 16:35

I posted on your other one, I take it no dash cam?
There's no way to know for sure what speed you were going, if he didn't say you were speeding you'd have won so to speak but now it's a case of trying to prove what you were doing, which you can't so I think it'll be 50/50.

Chelyanne · 08/11/2021 16:41

If you have already declared that you were travelling at 6mph then it may go 50/50. CCTV can not prove the speed you were travelling but that could go either way depending on who is assessing the video.

I think you may have to take it on the chin if they say 50/50. I've been there having to take 50/50 when the other driver was to blame, it stings but you get over it.

Felix125 · 08/11/2021 16:41

If you're driving along the 'corridor/road' bit of the car park - then its your right of way. If he has reversed from a space into that corridor, its up to him to make sure the way is clear fist - regardless of what speed you were doing - unless you were doing something really fast.

I would stand my ground - he has hit you.

Felix125 · 08/11/2021 16:42

Spelling fist = first

Original poster
Sleepdeprivedmumma · 08/11/2021 16:42

Thanks all for your advice so far. No dash cams.

When I spoke to the insurance company earlier I said that I didn't know how fast I was going but that I wasn't speeding and I definitely wasn't going more than 6mph. In retrospect perhaps I shouldn't have said that. Although I didn't confirm that I was going 6mph.

OP posts:
lemmein · 08/11/2021 16:46

I thought if you're reversing out in the path of another vehicle it was 100% your responsibility to do it safely? I would fight 50/50.

Moonshine11 · 08/11/2021 16:49

@lemmein

I thought if you're reversing out in the path of another vehicle it was 100% your responsibility to do it safely? I would fight 50/50.
It is, but now the other driver has thrown speeding into the mix his insurance company will fight that so they don't pay 100% out
Original poster
Sleepdeprivedmumma · 08/11/2021 16:59

Does anyone know if speed limits in car parks are enforceable?

OP posts:
anniegun · 08/11/2021 17:03

@Sleepdeprivedmumma

Does anyone know if speed limits in car parks are enforceable?
They are not enforceable but the insurance company will take them into account when attributing fault
TinySaltLick · 08/11/2021 17:05

I assume you are unable to simply look at the footage and measure the time it took to cover a certain distance to calculate your speed? Irrespective surely they have to prove you were speeding, not the other way round

Defiantly41 · 08/11/2021 17:12

If you had been travelling more slowly, he would have hit the front or middle of your car.

He's still at fault, stick to the facts, it was your right of way

ARGHHHHHHEY · 08/11/2021 17:12

How clear is the CCTV?

Can you measure the travel time of your car over a fixed distance to demonstrate the speed you were travelling at?

To be honest, i reckon the insurance company would have software to do that regardless.

Elieza · 08/11/2021 17:13

Remember that car manufacturers allow a little for Speedo’s being calibrated wrongly. So if it says you were doing 6mph the likelihood was that you were only doing 5mph.

The other insurance is chancing it’s arm trying to get you to pay out. They’re at it. Stick to your guns. You were minding your own business when he reversed into you. I’d suggest had HE been reversing more slowly and carefully HE wouldn’t have hit you. Not the other way round.

sleepycoffeemonster · 08/11/2021 17:18

Sometimes these insurance companies will try anything if there's an argument to be had. My FIL had someone reverse into his car which was parked in a space while he was watching from the shop.
Their insurers tried to say it should be 50 50 (can't even remember the laughable reason why) and that they were prepared to go to court. As soon as they realised FIL fully intended to attend court they gave up and paid the full amount.

MrsGeralt · 08/11/2021 17:24

@Sleepdeprivedmumma I've sent you a pm.

VelvetSpoon · 08/11/2021 17:24

In basic legal terms speed of itself doesn't amount to negligence. So just because you were, say, travelling at 8mph and not 5moh doesn't allow someone to reverse into you.

The thing about reversing is it's a hazardous manoeuvre, so when you reverse in a car park you should a) expect other cars, or pedestrians to be coming past, and b) rather than pulling straight out, edge out slowly whilst maintaining proper observations both directly behind you and to both sides.

If the other driver was edging out slowly and checking properly, they would have seen you. The burden of proof is on them to prove that they were doing all that.

You should continue to dispute liability OP and resist any suggestion of a 50/50 - which insurer is it btw? Some are much more likely to suggest a 50/50 than others, especially if it's an intragroup claim (the other driver is insured with another company within the same group).

Petal12 · 08/11/2021 17:25

Ignore the 50/50 and stick resolutely to non-fault. Speed alone is not an act of negligence in the eyes of insurance. It’s a bit of a red herring here - TPV was entering your roadway where you had right of way and were correctly proceeding. No negligence on your part. And as someone up thread said, had you been going slower he would have hit the front or middle of your car. Do not be forced into the 50/50 for everyone else’s easy life

Bananarama101 · 08/11/2021 17:51

Nothing very helpful I can add, but just rather taken aback by a £850 excess!

Billben · 08/11/2021 17:57

@Defiantly41

If you had been travelling more slowly, he would have hit the front or middle of your car.

He's still at fault, stick to the facts, it was your right of way

Exactly this. I would be sticking to my guns.
Original poster
Sleepdeprivedmumma · 08/11/2021 18:01

Thank you everyone for your replies - they have been so helpful and I definitely feel more confident defending my position now

OP posts:
Original poster
Sleepdeprivedmumma · 08/11/2021 18:02

@VelvetSpoon

In basic legal terms speed of itself doesn't amount to negligence. So just because you were, say, travelling at 8mph and not 5moh doesn't allow someone to reverse into you.

The thing about reversing is it's a hazardous manoeuvre, so when you reverse in a car park you should a) expect other cars, or pedestrians to be coming past, and b) rather than pulling straight out, edge out slowly whilst maintaining proper observations both directly behind you and to both sides.

If the other driver was edging out slowly and checking properly, they would have seen you. The burden of proof is on them to prove that they were doing all that.

You should continue to dispute liability OP and resist any suggestion of a 50/50 - which insurer is it btw? Some are much more likely to suggest a 50/50 than others, especially if it's an intragroup claim (the other driver is insured with another company within the same group).

Thanks for your thoughts. Really helpful. I'm not going to give the name of the insurance company but it's owned by a big company who also own the other persons insurance company too
OP posts:
Jammysod · 08/11/2021 18:03

Don't accept 50/50 - he reversed out of a parking space into your correctly proceeding car. They can't prove speed & I wouldn't expect your/their insurer would have the software to determine it based on the CCTV (I work for one of the largest insurers in the country...we don't have it & I've never seen another claim to have it!)

I wouldn't expect your insurer to just accept 50/50, even if the other guy is insured with the same company.

mineofuselessinformation · 08/11/2021 18:03

a) It's not for him to judge if you were 'speeding'
b) If you were on a public road, you could have been in the scenario where you were using the road and doing 30mph, and he was reversing out of his drive. The onus would still be on him to check the way was clear before reversing.