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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Car park collision, who at fault?

160 replies

dolol · 05/07/2023 20:34

Sister had a collision this morning and wants to know who will be deemed as at fault

Car A driving along the car park row in a straight line, likely slightly too fast

Car B has reversed parked in the space. Is about to drive off, having done all observations. Crawls forward slightly to check left and right as visibility obscured by big vehicle parked to the left.

Car B (bonnet only a few inches out of the bay) collides with Car A who was doing some speed. MPH limit in car park when checked retrospectively was 5mph

All occupants fine but damage to the side door of Car A
Car B has paintwork damage near the headlight which will need buffing out and probably a new lower splitter

YABU - Car A at fault

YANBU - Car B at fault

Or possibly 50/50 fault? If 50/50 fault who would pay the excess? Thanks so much :)

OP posts:
Dutchesss · 05/07/2023 20:47

Car B is at fault. Also, if the damage is on car A's door then it suggests that car B wasn't stationary.

BennyBlancofromtheBronx · 05/07/2023 20:49

To answer your question about excess (unless liability is admitted and the innocent party's damages are dealt with directly by the at-fault driver's insurer), each side pays their own excess which is then refunded by the other party's insurer according to the liability decision.

Whatwaste · 05/07/2023 20:50

Car B is at fault.

Merryoldgoat · 05/07/2023 20:51

How can the door of A be damaged if B was stationery and coming out of a space slowly?

ApocalypseNowt · 05/07/2023 20:53

You said car A had damage on the side door? The only way that could've happened is if your sister t-boned the car who had right if way...

TheNoodlesIncident · 05/07/2023 20:55

Car B was not stationary if Car A was hit on the side not the front. It's just not happening. Is she alleging that Car A swung inwards in order to be hit on the side by her stationary vehicle..?

SadKendall · 05/07/2023 20:56

B is at fault. Area of damage confirms this.

Clymene · 05/07/2023 20:56

Car B drove into the side of Car A while they were driving past.

CastleCrasher · 05/07/2023 20:56

Car A cannot hit car B if the damage is to the side of their car. Car B has hit car A.
Even if car A did hit car B, they had the right of way and car B is still at fault. (Not exactly the same scenario but think of it like car A on a main road and car B peeking out of a side road "as visibility obscured" as you said. Would you still think car A was at fault?)

Pretty clear that your sister is car B so sorry she'll not like the answer but it's pretty clear.

DyslexicPoster · 05/07/2023 20:57

B as A gas right of way. This is why it's wise to have a dash cam. It's like if someone goes into the back of you, it doesn't matter if you did a random energy stop, the car behind will always be deemed to close. Its very hard to prove to the other person was bring a dick

SavedbytheBe11 · 05/07/2023 21:00

Very unfortunate accident. Glad nobody was hurt.

Fernbreeze · 05/07/2023 21:02

Does either have a dash cam, was it a one way system as in many car parks have, was car A going the wrong way?

Are there any lanes in the car park, was car A driving in the correct lane if there were.

To many variables to answer your question OP that could affect outcome.

dolol · 05/07/2023 21:03

Fernbreeze · 05/07/2023 21:02

Does either have a dash cam, was it a one way system as in many car parks have, was car A going the wrong way?

Are there any lanes in the car park, was car A driving in the correct lane if there were.

To many variables to answer your question OP that could affect outcome.

No one way system. Neither had dash cam. A kind of in the middle, rather than either on the left or right

OP posts:
WafflingDreamer · 05/07/2023 21:04

If car A had hit car B then the damage would most likely be to the front passenger side of A and the front drivers side of B.

If B had been stationary and A drove into B then the damage to the cars would be the same as above

As there is damage to As door car B cannot have been stationary B has driven into As door. Given that A had right of way B would be most likely to be at fault

dolol · 05/07/2023 21:05

My sister is a new driver and not sure what costs are involved, it’s never happened to me (touch wood) so I can’t advise either and can’t find anything out on the web.

The other car was a company car so they want to go through insurance. If my sister is found to be at fault will she have to pay the excess immediately or can it be added on to her policy? Does the excess cover the repairs for both cars?

OP posts:
Bobbybobbins · 05/07/2023 21:06

I'm sure B would be found at fault as joining 'traffic' from a stationary position.

bridgetreilly · 05/07/2023 21:07

It’s car B and she needs to talk to her insurance company.

Waitingforsummer75 · 05/07/2023 21:10

She has to pay the excess.

JetBlackSteed · 05/07/2023 21:15

Yes, she will pay the excess. No, I've never heard of it being added on to the policy to pay later.
if your sister has comprehensive insurance that will cover the costs of repairing both cars, but if she has third party insurance it will only cover the costs of repairing the car she hit, and not her own.

Daisybuttercup12345 · 05/07/2023 21:16

B

NalafromtheLionKing · 05/07/2023 21:17

dolol · 05/07/2023 20:37

Even if they are saying they were stationary?

Impossible unless Car A can move sideways like a crab 🦀

londonrach · 05/07/2023 21:17

B always at fault... Insurance find that.

BennyBlancofromtheBronx · 05/07/2023 21:18

Will your sister be claiming for her own repairs on a fully-comprehensive policy? If so, she'll pay her excess to the repair garage on completion of the work.
She won't pay an excess if she doesn't claim.

dolol · 05/07/2023 21:19

BennyBlancofromtheBronx · 05/07/2023 21:18

Will your sister be claiming for her own repairs on a fully-comprehensive policy? If so, she'll pay her excess to the repair garage on completion of the work.
She won't pay an excess if she doesn't claim.

Would it affect her policy prices in the future if she just paid the excess for the other cars damages?

She says her insurance is fully comp

OP posts:
TeleTropes · 05/07/2023 21:22

dolol · 05/07/2023 21:19

Would it affect her policy prices in the future if she just paid the excess for the other cars damages?

She says her insurance is fully comp

I don’t think she will save much by paying for repairs on her own car so she may as well claim for the lot. They do ask for estimated value of previous claims when you get a new quote but sometimes I have put in £100 until I’ve dug out the exact details and the price has never changed materially when I’ve confirmed the actual cost.

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