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Original poster

Who is at fault for this accident? With diagram

139 replies

NeighbourHitMyCar · 20/09/2024 21:09

Hi there!

I'm not going to do those annoying Driver A and Driver B posts.... My neighbour hit the front side of my car while reversing out of their driveway

We have had previous issues with them regarding a skip that was in front of our house and damage to our driveway from the skip lorry taking out a wall so there is history there!!

However, their insurers are now trying to say the accident was 50:50 my fault too and i just can't see how!

I was returning home after work and drove along my road and slightly passed my house. There was no traffic coming either way so I pulled across the road onto the other side slightly to line up the car (our driveway parking is at an angle due to a tree).

I had stopped the car and and put it into reverse when...BANG... I turned to see my neighbours car bonnet at my driver door having dented it.

They park forward into their driveway which means they have to reverse out. They had obviously seen no traffic was coming along the road and not looked directly behind them to see me already in the road.

Hope the dodgy diagram makes sense

Can anyone explain how their insurers are possibly claiming I am in any way at fault here?

Feel like I'm going mad having sent diagram after diagram

Unfortunately no ring footage or dashcam

Who is at fault for this accident? With diagram
OP posts:
NewNameNoelle · 20/09/2024 21:11

If you were stationary, you can’t be to blame.

Isn’t that the case?

Gelasring · 20/09/2024 21:11

I don't see how you're to blame at all but I guess it's up to the insurers. Surely the responsibility is entirely on the neighbours to make sure the road is clear?!

Proseccoh · 20/09/2024 21:12

So if they were reversing out, are you sure it was their bonnet in your car door? Confused...

Original poster
NeighbourHitMyCar · 20/09/2024 21:13

@NewNameNoelle I absolutely was stationary but I guess if that's in contention then even if I wasn't stationary and had started to reverse, I couldn't possibly have avoided being hit!

And the impact on my drivers side is in one area, not scratched along as if I was moving

(Sorry, I'm venting rather than aiming this at you!)

OP posts:
Proseccoh · 20/09/2024 21:14

Sounds like they reversed into a stationary vehicle. Definitely fight this if so!

nutrosti · 20/09/2024 21:14

*I pulled across the road onto the other side slightly to line up the car (our driveway parking is at an angle due to a tree).
I had stopped the car and and put it into reverse when...BANG... I turned to see my neighbours car bonnet at my driver door having dented it.
yes, you are partly responsible

Original poster
NeighbourHitMyCar · 20/09/2024 21:14

Proseccoh · 20/09/2024 21:12

So if they were reversing out, are you sure it was their bonnet in your car door? Confused...

You are right and it was their boot not bonnet!! 🤦🏻‍♀️

I typed too quickly in my fury!!

He has a dent in his boot

OP posts:
LondonQueen · 20/09/2024 21:14

Did they reverse? Your post states it was the bonnet but the diagram makes it seem like they reversed into you, in which case they should be at fault as they pulled into the road without ensuring it was clear.

nutrosti · 20/09/2024 21:14

you were on the other side of the road partly

Bobbybobbins · 20/09/2024 21:16

I think the issue might be if part if your car was over the central line of the road

nutrosti · 20/09/2024 21:17

Bobbybobbins · 20/09/2024 21:16

I think the issue might be if part if your car was over the central line of the road

it was

DecayedStrumpet · 20/09/2024 21:17

You were stationary? Not your fault.
Obviously the insurers are going to try and get away with paying as little as possible.

Bonus points - reversing off the driveway is against the Highway Code - for exactly this reason! - so your neighbour has that as a strike against them as well

CrossUniStudent · 20/09/2024 21:17

I would say you had right of way because you were already on the road before they reversed onto it but I don't know where you stand legally, that's just my probably rather pointless opinion

Proseccoh · 20/09/2024 21:19

nutrosti · 20/09/2024 21:14

*I pulled across the road onto the other side slightly to line up the car (our driveway parking is at an angle due to a tree).
I had stopped the car and and put it into reverse when...BANG... I turned to see my neighbours car bonnet at my driver door having dented it.
yes, you are partly responsible

That's bonkers. Whoever is moving is responsible.

Original poster
NeighbourHitMyCar · 20/09/2024 21:20

Thank you. Interesting ref being on the other side of the road. This is a residential road with no room for parking on either side so even if I was fully on my 'side' he would have hit me as it's so narrow.

I cannot get onto the drive without lining up in this way and as I did so, he had not moved his vehicle from the drive. I wasn't even aware he was in it

OP posts:
FairFuming · 20/09/2024 21:20

I think you need to speak to your insurance. I thought you being mid manoeuvre gave you right of way especially as he was reversing onto a road from a driveway

Original poster
NeighbourHitMyCar · 20/09/2024 21:20

@DecayedStrumpet this is good to know, thanks

OP posts:
5byfive · 20/09/2024 21:20

How old is his car? Does he not have reversing proximity beeps? I don’t understand how this could even happen. Why didn’t you see him and beep your horn?

I would say that they are claiming 50/50 as you were as unaware of him as he was of you. If you have admitted putting the car in reverse without checking again to look for traffic you will be found partly responsible.

Proseccoh · 20/09/2024 21:21

nutrosti · 20/09/2024 21:14

you were on the other side of the road partly

doesn't matter where on the road she was, at the speeds suggested, and presumably in a residential area, the driver who is moving their vehicle is surely at fault.

thenightsky · 20/09/2024 21:21

Insurance will go for 50/50 if they can. My poor colleague was sat in a parking space in Tesco car park, not moving, when someone clipped the front of her car. Bloody insurance wanted to go 50/50.

Original poster
NeighbourHitMyCar · 20/09/2024 21:22

@FairFuming my insurers are in negotiations with their insurers and have just asked for as much information as possible as they are not accepting full liability.

I've just actually read the letter in full and they are stating I wasn't stationery. Which I was!

Not sure how to argue that as to me it seems to be a moot point as I was 'mid manoeuvre' as a poster pointed out and already occupying the road

OP posts:
TappyGilmore · 20/09/2024 21:25

My car got hit by another late last year when I was parked (fully parked, engine switched off). My insurer tried to say I was at fault and wouldn’t accept that I couldn’t be because I was stationary.

It was a hit and run but I did manage to get the licence plate, so I was able to follow it up and the driver did accept full responsibility. So all sorted. But if he hadn’t accepted responsibility then probably the insurer would have still been trying to blame me!

Original poster
NeighbourHitMyCar · 20/09/2024 21:25

5byfive · 20/09/2024 21:20

How old is his car? Does he not have reversing proximity beeps? I don’t understand how this could even happen. Why didn’t you see him and beep your horn?

I would say that they are claiming 50/50 as you were as unaware of him as he was of you. If you have admitted putting the car in reverse without checking again to look for traffic you will be found partly responsible.

His car is 2016 no idea about beeping sensors. I cannot stress how close the cars were to each other as the road is so narrow. So even though he was on his driveway and I was on the road, he only had to cover 2 metres to hit me

I had checked traffic left and right and literally looked behind to start reversing when he hit me (before I'd even started moving)

I would say from him in the driveway to hitting me was maybe 2 seconds

OP posts:
Proseccoh · 20/09/2024 21:26

NeighbourHitMyCar · 20/09/2024 21:22

@FairFuming my insurers are in negotiations with their insurers and have just asked for as much information as possible as they are not accepting full liability.

I've just actually read the letter in full and they are stating I wasn't stationery. Which I was!

Not sure how to argue that as to me it seems to be a moot point as I was 'mid manoeuvre' as a poster pointed out and already occupying the road

The damage should be easy enough to suggest what happened. A stationary/v slow bump v a moving scrape produce v different results! Sorry this happened to you. They should be reversing into their drive like you do by the sounds of things! No idea why people don't do this.

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