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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:
AngelicKaty · 20/09/2024 22:30

NotOnlyFedUpButAlso · 20/09/2024 21:52

What I was tyring to say above is that I don't think it even matters if you were moving or stationary, you were manoevering in the public highway in an entirely legal way, and he drove out of his drive and drove into you while you were doing so. It can't be your fault, otherwise we'd all have to stop and get out and look around every corner to see what might be coming!

I thought the same thing. OP was already on the highway. If she'd simply been driving down the road and her neighbour backed out of his drive into her that would be entirely his fault. Her insurer seems pretty lazy not wanting to fight this harder and just settling for a "no fault" 50:50 split - too many insurance companies seem to do this these days. 😡

AngelicKaty · 20/09/2024 22:34

Proseccoh · 20/09/2024 21:56

Don't let it. Especially with the highway code rules that you shouldn't reverse into the carriageway (check that, I'm vaguely quoting a PP but you know it makes sense). Why do you reverse into your drive? Might it feel more safe? Stand your ground; I really hope you get this sorted fast.

What I really want to know is if your car had been a person, even though they shouldn't have been there, who's fault would it have been then? No amount of flowers would excuse that. They need to know where they're putting the car they're in control of.

Rule 201. Do not reverse from a side road into a main road. When using a driveway, reverse in and drive out if you can. It seems to be advisory, rather than mandatory.

Nordione1 · 20/09/2024 22:35

I've had this and you need a witness or insurers won't bother. I was hit while stationary by a truck speeding round a blind corner (I had squeezed myself into the verge but single track lane unfortunately). Entirely their fault. I photographed their skid marks showing how far over they were but insurers wouldn't argue it unless there was an independent witness so it was 50/50. Infuriating

Zonder · 20/09/2024 22:39

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

This. Maybe remind your insurers of this so they can remind the other insurers.

AngelicKaty · 20/09/2024 22:42

Absolutely @Nordione1 . Insurers are lazy fekkers and settling "no fault" 50/50 just makes their lives easier - less paperwork to do!

AngelicKaty · 20/09/2024 22:44

Zonder · 20/09/2024 22:39

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

This. Maybe remind your insurers of this so they can remind the other insurers.

Rule 201 of the HC is advisory though, not mandatory.

whoscoatsthatjacket2012 · 20/09/2024 22:45

You were not at fault.
They were entering the carriageway from a drive so duty of car was in them
Also your car did not move sideways into theirs
I'm a claims handler and would fight this for you. Tell your insurer you won't be accepting any 50/50 offer and you're more than happy to go to court and make them argue it.

Ophy83 · 20/09/2024 22:48

Your neighbour will be telling his insurer that you came out of nowhere. Just refuse to accept liability and maintain what you've said here - you were there to be seen and were stationary when he collided with you. If they insist it was partly your fault it will go to court for a judge to decide

AngelicKaty · 20/09/2024 22:48

whoscoatsthatjacket2012 · 20/09/2024 22:45

You were not at fault.
They were entering the carriageway from a drive so duty of car was in them
Also your car did not move sideways into theirs
I'm a claims handler and would fight this for you. Tell your insurer you won't be accepting any 50/50 offer and you're more than happy to go to court and make them argue it.

Absolutely THIS!

WonderingWanda · 20/09/2024 22:50

I think the insurance companies response is more about an easy settlement rather than any technicalities about who was correct. When someone hit my parked car, drove off and denied it it was them it was recorded as a fault claim for me by my insurance company, I wasn't even in the bloody car so it wasn't my fault.

adriftinadenofvipers · 20/09/2024 22:53

Bunnycat101 · 20/09/2024 22:28

It’s really easy to get shafted in this sort of claim. Someone reversed into my husband who was stationary in a multistory- (up a bloody ramp and at speed- no idea how that even happened). Even though it was deemed 100% the other party’s fault (which it clearly was) we still had to pay extra for the insurance for a good 3 years because of the increased risk. Husband was furious at having to pay more despite it not being his fault at all.

Edited

I actually didn't get charged extra but my husband did when he went to insure me on his car!! Ludicrous!

Holidayhell22 · 20/09/2024 23:04

I always thought that reversing out into a road was wrong, so your neighbour is at fault.
I’m not saying this is 100% the case.
I would tell them you were stationery and he pulled out into you so he us 100% at fault.
Also the driver on the main road has the right of way, the same as someone pulling out from a junction onto a main road is at fault if they hit another driver.

Zonder · 20/09/2024 23:05

AngelicKaty · 20/09/2024 22:44

Rule 201 of the HC is advisory though, not mandatory.

Show quote history

I know. But we can all see why it's advisory. That should count for something.

Ohnobackagain · 20/09/2024 23:06

@NeighbourHitMyCar definitely go back and tell insurer you were stationary

supersop60 · 20/09/2024 23:13

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

Why can't you reverse off a driveway?

lanthanum · 20/09/2024 23:24

His mistake. It's a very understandable one - presumably he saw your car go past, and assumed it was gone, not thinking of the possibility that the car would be stopping to make a manoeuvre. However that doesn't make you culpable - it was still his error.

Zonder · 20/09/2024 23:33

supersop60 · 20/09/2024 23:13

Why can't you reverse off a driveway?

Show quote history

Because you're reversing into a public highway and it's dangerous. Your back end is sticking out before you can get a good view. It's much safer to reverse into an empty space and come forwards into the road.

supersop60 · 21/09/2024 05:39

Zonder · 20/09/2024 23:33

Because you're reversing into a public highway and it's dangerous. Your back end is sticking out before you can get a good view. It's much safer to reverse into an empty space and come forwards into the road.

Show quote history

Yes, I know that, but in the Highway Code it doesn't say y'ou must not'. So in OP's case, the reversing in itself is not wrong.
However, for the neighbour to hit the side of OPs car, then OP must have been stationary or barely moving.

Soontobe60 · 21/09/2024 06:14

Hazeby · 20/09/2024 21:38

I think if you’re reversing it’s almost always your fault because you should be looking at where you’re reversing?

Both of them were reversing though

nutrosti · 21/09/2024 06:32

Ohnobackagain · 20/09/2024 23:06

@NeighbourHitMyCar definitely go back and tell insurer you were stationary

Edited

stationary
but….
in the middle of the road and indeed on the other side of the road. The part of the road that he was entitled to be on when he reversed in to the Op’s boot.

IMO this is 50/50

In any event, it will go to 50/50 unless the Op produces “physical evidence” to indicate otherwise, which i’m presuming is absent.

nutrosti · 21/09/2024 06:35

NeighbourHitMyCar · 20/09/2024 21:38

If anyone has ring video footage or dashcam as I said above

presumably this happened quite some time ago if you car is fully repaired and the insurer now has the garage photos and all details to be arguing 50/50?

surely the dashcam will show in stationary in the road, quite significantly positioned on a part of the road where you shouldn’t have been

and if only stationary for “2 seconds” as you say… this could well appear on a dash am from some distance away that you were slow moving

Original poster
NeighbourHitMyCar · 21/09/2024 07:10

I'm actually reassured to read from so many that 50:50 seems to be the default starting position. But so many people have to accept that when they weren't even in the car at the time 😮

OP posts:
Original poster
NeighbourHitMyCar · 21/09/2024 07:12

lanthanum · 20/09/2024 23:24

His mistake. It's a very understandable one - presumably he saw your car go past, and assumed it was gone, not thinking of the possibility that the car would be stopping to make a manoeuvre. However that doesn't make you culpable - it was still his error.

This is exactly what I think happened

We have had to beep at them 3/4 times before where they've reversed out and nearly hit us or another car.

They said after this they'd start reversing INTO their drive from now on but it's currently sitting there forward in so that didn't last very long

OP posts:
Chester23 · 21/09/2024 07:23

How did they check the road was clear before proceeding to reverse off their drive if your car was already there? Surely they would have seen your car if you was in that position?

SinnerBoy · 21/09/2024 07:50

nutrosti · Yesterday 21:14

you were on the other side of the road partly

Drivers are entitled to complete their manoeuvre and a driver coming out should wait. As mentioned, the onus is on the reversing driver to take extra care, looking for obstructions, such as pedestrians and other cars.

The neighbour is unambiguously at fault here.