Who is at fault for this accident? With diagram

[NeighbourHitMyCar]

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

I would want to remind them to reverse in. I never understand why people don't. I reverse into all spaces - much easier to reverse into a Sainsbury's car park space and come out forward than the other way round where you have to keep looking for cars coming.

we will agree to disagree

you would be failed in a driving test if your manoeuvre involved being on the other side of the road.
Fact

This is a classic he said she said 50/50.
You'll never prove you hadn't driven into the path of his reversing vehicle.
Two manoeuvring cars, no actual evidence of what happened.

but arguing that you were stationary in the middle of road, substantially on the other side of the road…. is not exactly a compelling argument!

Years ago I was driving along a road and a car reversed out of their driveway straight into me. There was never any question that it wasn't her fault. Having said that she admitted it immediately, apologised and said she hadn't seen me so cut and dried. Sounds like your neighbour is trying to get out of if. As you weren't even moving (unlike me) I can't see how you can be at fault!

because… the op was substantially on the other side of the road!! You weren’t

Do you have legal cover on your insurance? Someone dented my car when she joined a roundabout I was already on. Her insurance tried to make it 50-50 but I refused and legal cover sorted it.

@Freysimo I do have legal cover but I've gone back to my insurers to say I don't believe it should be 50:50 which they agree with so will see what happens after pushing back. I'm hoping this might be as other posters suggest and a mere 'try for' by the other side

I was stationary, waiting to turn left at a give way, when the car behind crashed into me.

My insurers said it was straightforward his responsibility, but then went 50:50 when he claimed I had rolled back. They said that as there was no independent evidence it was my word against his, ie unverifiable.

I imagine that's what's happened here: your word that you were stationary against his that you were reversing.

I bought a dashcam.

nutrosti · Today 07:53

you would be failed in a driving test if your manoeuvre involved being on the other side of the road.

That's arrant nonsense and she explained that the road is too narrow for two cars to pass.

Exactly this.

Just for a moment, switch your car (whether stationary or moving backward or forward to get into your drive) for a moving pedestrian.

Are we to say because the pedestrian is crossing they are at fault of being reversed into?

This is exactly why the Highway Code says people shouldn't reverse into a road! You were obeying the Highway Code by reversing into your drive to comply with the Highway Code and prevent exactly what your neighbour did. It's impossible to reverse into your driveway without moving! So whether you were moving or not is irrelevant.

Had your neighbour been in the road BEFORE you started your manoeuvre, you'd have been at fault. But it would be impossible for him to clip your car if you were not already halfway through your very legal manoeuvre.

They're trying it on.

but you said your insurer has asked for “physical evidence”… are you able to provide any?

Pulling up and reversing

**The examiner is looking for 3 different skills when you perform this manoeuvre:

1. Control – slow and steady does it!
2. Accuracy – make sure you demonstrate good road positioning
3. Observation – Don’t forget your routine - Mirror, Signal, Manoeuvre or Look Tell Do!

www.wearemarmalade.co.uk/driver-hub/learner-advice/driving-practice/detail/pulling-up-on-the-right-and-reversing

"substantially" on the other side of the road? You just made that up. OP has written that she was "slightly" on the other side of the road and also that the road is so narrow cars can't park either side of the road.

OMG insurance is mental - this has been an eye-opener. I can't believe in their eyes that OP can be at fault in this situation, whether moving or not! If you are on a road, in whatever position, and someone drives onto it and into you, surely they are entirely to blame?!

I hope it gets sorted and thank you for educating me.

look at the diagram

The three point turn argument someone brought up earlier is the perfect example of an accepted manoever were you will be stationary on the wrong side of the road.

Okay, not something you'd do in a busy road, or without looking first, but there's no argument that this situation isn't permissible.

"Fact" eh? During my driving test I was required to complete a 3-point turn (now called turning in the road) in a smallish side road. Just as my driving instructor taught me, I checked there were no cars coming and pulled across to the opposite kerb (without touching it) with full right lock on, I then slowly started reversing whilst turning the wheel back to full left lock to the other kerb (again without touching it), I then started driving forward slightly whilst turning the steering wheel to the right to straighten up and continue driving in the opposite way I'd started. I passed first time.
Practical driving tests still include the "turning in the road" manoeuvre, but by your logic everyone would fail. Sigh.

You're judging by a hand-drawn diagram? Yeah, of course, you are. Hilarious.

good grief

Oh for goodness sake be a grown up and just say you're wrong!

huh?

Let’s see how it goes.
i wonder if the op will be able to provide an “physical evidence”

it will go to 50/50
and i agree 🤷

no biggie

No, we're asking you to address your erroneous driving test "fact". You've lost all credibility with that utter garbage, but you're just incapable of accepting it. Honestly, some people. 🙄

Brilliant argument - you got me! Sarcasm: OFF.