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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

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:
BamBamBambi · 05/07/2023 21:44

She will still need to declare the she’s had a claim made against her at her renewal.

sandyhappypeople · 05/07/2023 21:45

Tell her she DOES NOT have to use the garage that the insurance recommends for her car repair (if she decides to get it repaired), she can go anywhere she chooses as long as they'll give her a written quote first. It wouldn't hurt to ring around if she's a bit hard up.

Ophy83 · 05/07/2023 21:46

Both are at fault so likeliest outcome is a split of liability. In original statement you said she collided with car A which suggests she was moving even if slowly. However you suggest she was keeping a proper lookout and only creeping out. Car A should be driving sufficiently slowly and also keeping a lookout for people pulling out. The car park may have CCTV which would assist. Initially both sides pay their own excess, insurers work out fault and will pay repairs etc. If they can't agree on liability and no one was injured it goes to a small claims trial.

Original poster
dolol · 05/07/2023 21:47

sandyhappypeople · 05/07/2023 21:45

Tell her she DOES NOT have to use the garage that the insurance recommends for her car repair (if she decides to get it repaired), she can go anywhere she chooses as long as they'll give her a written quote first. It wouldn't hurt to ring around if she's a bit hard up.

Thank you, I daresay it will be cheaper for her to get some more quotes before letting the garage that the insurer recommends fix it

OP posts:
Soapyspuds · 05/07/2023 21:49

Car B will be at fault

Speed of car A is not taken into account
The fact visibility was difficult is not taken into account.

If you do not have clear visibility out of a parking space then the driver could find somebody half sensible looking and ask to be guided out verbally.

mellicauli · 05/07/2023 21:52

Mt husband had the same issue coming out of our drive. Other driver admitted they were at fault. They were speeding. They signed a piece of paper to that effect. DH were inching out as visibility blocked by parked cars. Insurance company found in their favour.

Rosietheravisher · 05/07/2023 21:53

Your sister is Car B, isn't she?

Original poster
dolol · 05/07/2023 21:54

mellicauli · 05/07/2023 21:52

Mt husband had the same issue coming out of our drive. Other driver admitted they were at fault. They were speeding. They signed a piece of paper to that effect. DH were inching out as visibility blocked by parked cars. Insurance company found in their favour.

Gosh

OP posts:
Original poster
dolol · 05/07/2023 21:55

Is it usually cheaper to go to a garage not used by your insurer? With the one the insurer is recommending she will have to pay £600 excess and it’s probably cheaper to just get a quote from another garage isn’t it

OP posts:
Leftbutcameback · 05/07/2023 21:57

In terms of her insurance policy cost I’m afraid it will go up quite a bit on renewal. My OH had to claim on his policy after someone drove into him and then left, and it was a couple of hundred extra the next year. But then then extra amount reduced quickly.

Worth noting that you can sometimes reduce your policy cost by having a good driver added as an additional occasional driver. We added my mum (retired) and it brought it down by £70.

SofiaSoFar · 05/07/2023 22:01

With the one the insurer is recommending she will have to pay £600 excess

Only if the repair costs more.

But given that claiming will 'likely' (but not guaranteed) load her next premium, that needs taking into account too.

So, garage quotes £800, she has to pay £600 so only 'gains' £200.

The £200 she gets back 'could' be sucked by the increased premium next year so wouldn't be a lot of point claiming in that case.

If her damage is less than the excess then she wouldn't be claiming anyway. It's not a case of her having to pay £600 for a £300 repair.

Screwballs · 05/07/2023 22:06

Car B. You are at fault for not being able to complete a manoeuvre that you started. (the royal you)

FeelingwearyFeeelingsmall · 05/07/2023 22:08

From the way you describe it B is at fault. They reversed out of their space into the path of ongoing traffic. You should never pull out into moving traffic in a way that could cause someone already travelling to have to change their path or brake sharply.

this is an object lesson into always reversing into spaces - it's much easier to drive out than reverse out.

Soapyspuds · 05/07/2023 22:08

Mt husband had the same issue coming out of our drive. Other driver admitted they were at fault. They were speeding. They signed a piece of paper to that effect. DH were inching out as visibility blocked by parked cars. Insurance company found in their favour

Because the other driver was foolish enough to admit they were liable when they were not. I bet their insurers were spitting feathers.

Spirallingdownwards · 05/07/2023 22:12

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

Show quote history

No she can't and tip tip she shouldn't continue with the lie that she was stationary as the damage done means she wasn't.

The TP will claim against her insurance for the full cost if repairs not against their own insurance.

Unfortunate and yes she loses no claims bonus and her premium will increase

sandyhappypeople · 05/07/2023 22:12

The price you pay is determined by the price of the repair. If it's less than £600 you wouldn't need to bother with the insurance, you'd just pay the garage direct

If it's more than £600 you'd be better off claiming and just pay the excess and the insurance would pay the rest.

I personally think that insurance garages load up the prices as they know they can, but like everything that's not necessarily always the case.

It would be a good idea to get some comparison quotes first before you decide anything though, at least you know what you'd be looking at cost wise.

k1233 · 05/07/2023 22:12

And that is why you don't reverse into car parks - people have no warning you are about to exit vs if you are reversing out they see your reversing lights and brake lights so know to take care. Same for pedestrians.

k1233 · 05/07/2023 22:14

Also she will need to pay the excess. The other insurance company won't want to foot the bill (not up to the driver). Her insurance company will need to pay and for them to do that she will have to pay the excess, so she may as well fix her car at the same time.

Original poster
dolol · 05/07/2023 22:17

k1233 · 05/07/2023 22:12

And that is why you don't reverse into car parks - people have no warning you are about to exit vs if you are reversing out they see your reversing lights and brake lights so know to take care. Same for pedestrians.

She reversed into the space initially so was facing outwards

OP posts:
BennyBlancofromtheBronx · 05/07/2023 22:17

k1233 · 05/07/2023 22:14

Also she will need to pay the excess. The other insurance company won't want to foot the bill (not up to the driver). Her insurance company will need to pay and for them to do that she will have to pay the excess, so she may as well fix her car at the same time.

She'll only pay her excess if she claims. Also, she wasn't reversing out.

brunettemic · 05/07/2023 22:20

Car B, not least because the drip feed information is contradictory and therefore is trying to cover up.

BiscuitsandPuffin · 05/07/2023 22:25

k1233 · 05/07/2023 22:12

And that is why you don't reverse into car parks - people have no warning you are about to exit vs if you are reversing out they see your reversing lights and brake lights so know to take care. Same for pedestrians.

This is daft. For health and safety reasons my workplace has a reverse parking rule that you must reverse in--to prevent accidents. Because you can't see where you're going as well if you go out backwards. Whereas if you go out forwards, you can see other people and stop accordingly (usually) and people will see your running lights (and the 1 ton moving object, if they're going to see anything, human eyes are more predisposed to seeing moving objects than seeing lights) so the point about reverse/brakelights is moot (also when you are moving you won't have brakelights on). Reverse lights are to inform people that your car is not travelling in the usual direction.

flowergirl5 · 05/07/2023 22:28

She will only pay the excess if she claims for damage on her car. If it's just damage to the other persons car she won't pay it.

Delphigirl · 05/07/2023 22:28

Soapyspuds · 05/07/2023 22:08

Mt husband had the same issue coming out of our drive. Other driver admitted they were at fault. They were speeding. They signed a piece of paper to that effect. DH were inching out as visibility blocked by parked cars. Insurance company found in their favour

Because the other driver was foolish enough to admit they were liable when they were not. I bet their insurers were spitting feathers.

Just because someone can be bullied into signing an admission by the side of the road doesn’t mean they are liable in law. Your husband was clearly the one at fault. If he couldn’t see to exit his own driveway safely he should have sought someone to help him.

user1497207191 · 05/07/2023 22:30

dolol · 05/07/2023 20:37

Even if they are saying they were stationary?

Show quote history

How could they be stationery if the damage is to their front and the other cars side?

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