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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:
SleighBells21 · 08/11/2021 18:07

I work for insurance and we don't have software to prove speed.
50/50 is a cop out. Stick to your guns, your right of way, he crashed into.

I'm also intrigued by the 850 excess! What are you driving?

Original poster
Sleepdeprivedmumma · 08/11/2021 18:07

[quote MrsGeralt]@Sleepdeprivedmumma I've sent you a pm.[/quote]
Thank you so much for your message. I have just replied to you. So incredibly helpful - thank you x

OP posts:
Frazzled50yrold · 08/11/2021 18:10

It's not a speed limit, it's only advisory so unless you put your foot down and surged past him it shouldn't be significant. My car has a digital display and won't even display 5mph. Stay firm and insist his insurance pay.

Faevern · 08/11/2021 18:12

The person reversing is always liable. They could have hit a child. Just like the person behind is liable for being too close.

Original poster
Sleepdeprivedmumma · 08/11/2021 18:13

@Bananarama101

Nothing very helpful I can add, but just rather taken aback by a £850 excess!
I didn't realise it was that much until I rang them! I should have check the small print in more detail!
OP posts:
Original poster
Sleepdeprivedmumma · 08/11/2021 18:15

@SleighBells21

I work for insurance and we don't have software to prove speed. 50/50 is a cop out. Stick to your guns, your right of way, he crashed into.

I'm also intrigued by the 850 excess! What are you driving?

Not driving anything fancy - an 8 year old hatch back. It's only a 1.2 engine so I don't think it's got the engine power to get up to a decent speed in such a short amount of time
OP posts:
icedcoffees · 08/11/2021 18:18

The person reversing into the "carriageway" is the one at fault.

Fight it.

PinkiOcelot · 08/11/2021 18:22

I would just say you were not speeding. No way were you speeding. He reversed out and hit you. His fault IMO.

GrasssInPocket · 08/11/2021 18:49

DH was involved in an accident about 18 months ago, when he had stopped to give way at a T-junction and was just waiting with the handbrake on when a car ran into him from behind. Said car was extremely flash and looked very new, so the damage was rather expensive for a relatively low-speed impact... anyway, details were exchanged etc. and insurers notified. Fast-forward a few weeks, and insurers are asking DH to accept 50-50 as apparently he "reversed" back into the other car! This was news to DH, but he was able to argue that this would have meant reversing uphill at some speed to have caused the kind of damage that resulted, and anyway his parking sensors would have kicked in if that had been the case. DH's insurers didn't take too kindly at the attempt by the other driver to defraud them and, with all the evidence in DH's favour, are taking the other driver to court. We don't understand why the other driver is being so pig-headed, though - he's sticking with his claim that DH reversed into him (despite not claiming this in his original insurance claim). We suspect that he doesn't want to own up to his other half that he mangled the new car, but his male ego doesn't seem to have worked out that no insurer will touch him in the future if he loses the case!

grapestar · 08/11/2021 19:23

I reversed into someone a number of years ago, exiting a car parking space. My insurance company didn't even let me argue it, I was the one entering the 'carriageway' as it was and therefore the full onus and blame was on me.
I don't think a speed limit in a private car park is legally enforceable, but I'm sure you wouldn't have been doing more than the 5mph if that's what the limit is...😉

NotMyCat · 08/11/2021 19:28

Some people really try it on
My car rolled down a SLIGHT, and I mean slight incline, all of about 10ft and nudged a car
My car is a Punto, their car a Toyota Hilux
My car had a slight scratch, cost me £50 for repair
I got a claim for personal injury which said "at the time both cars were parked and not occupied" so I sent that back with a Hmm face

He claimed £1000 of damage from me. I thought that was that. 11 months later I get a court letter that he's claiming another 2 grand! Insurance paid as cheaper than going to court
So my car (handbrake failed) which couldn't have got up to more than barely rolling speed caused 3 grand of damage. To the car they couldn't destroy on top gear....

whatdoidonowffs · 08/11/2021 19:29

Surely if he saw you to be able to say you were speeding he should have stopped and not hit you ?

StoneofDestiny · 08/11/2021 19:30

His fault - the evidence is on the side of your car, he hit you.

Noeuf · 08/11/2021 19:33

I’m so surprised to read this. I was asked to be a witness for someone who pulled out of a junction into a speeding car - she had no chance of winning apparently even with a witness to say the car was hurtling along, appearing out of nowhere as she moved out.

damnthisvirusandmarriage · 08/11/2021 19:40

Speed = distance over time.
Can you figure out your speed based on that as proof?

ivykaty44 · 08/11/2021 19:56

Its a private car park without a speed limit unenforcable by law, the insurance company are trying it on.

If you'd been going another 15mph he wouldn't have hit you at all, you'd have been passed him

driver didn't look and crashed into you

ivykaty44 · 08/11/2021 19:59

remember the insurance have to prove you were "speeding" you don't have to prove you weren't doing so. Even if they can prove you were travelling at 10mph or 20mph - so what, there isn't a speed limit law int he car park

CovidCorvid · 08/11/2021 20:04

I had a similar thing once where an idiot in a 4x4 reversed into the side of my car as they said they couldn’t see me out their back window as I was so low down! They admitted fault at the roadside.

Then changed their story and said I’d turned into the drive behind them without indicating so was partly liable.

My bloody insurance company tried to get me to agree to 50/50. I think if it’s a low value claim they figure it’s not worth fighting but no was was I losing my excess.

Luckily at this point a neighbour remembered they’d seen the whole thing and were happy to state that they’d seen me indicate.

ivfbabymomma1 · 08/11/2021 20:29

If damage to your car was at the rear drivers side or passenger side then surely that shows it was there fault? Cars can't drive sideways!

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