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

They won't. People like this are incapable of admitting they're wrong. They don't seem to understand that other people would actually have some respect for them if they just said "Oh yeah, my mistake, that was daft" instead of doubling down on their stupidity. 🙄

let’s agree to disagree

by the sounds of it… you need a coffee and fresh air, which is precisely what i’m about to do! enjoy your weekend

No, we're not "agreeing to disagree" because you're wrong - still not prepared to admit it though, are you? 🙄 And I was out for two hours with my dog this morning - it's clearly your brain that's starved of "fresh air" (and much else besides).

I’m having to go to court despite my dashcam footage showing I was hit whilst stationary, so if you don’t have any evidence that you weren’t actively reversing too, I doubt you have a hope here.

😟

Insurers love to push for 50:50 even when there is clear evidence (and witnesses!) to prove otherwise. It’s fucking lazy.

I was involved in an accident a couple of years ago that was demonstrably the other party’s fault (I was moving around a carpark that they were waiting to enter, but instead of stopping at the entrance to check it was clear, they soared through and took me out, hitting me on the passenger side, caving the door in and shearing the wing and bumper off as they clipped me at a completely unacceptable speed for joining a car park. Completely wrote my car off!

The speed bump, give way markings and eyewitness all pointed to them being at fault as they flew at speed through the entrance without stopping, but their insurer bullied mine to the point that my witness pulled out as he was being harassed on a daily basis to confirm his account, they asked for the same diagram over and over and over, I never spoke to the same claim handler twice and the whole thing was a shit show. I eventually accepted 50:50 after nine months when I got a courtsummons, just to make them go away! I have protected NCB so it didn’t affect me financially, it was just the principle of accepting liability for something that wasn’t my fault.

Insurers use these tactics all the time, it’s very irritating!

If you are 100% stationery and they were moving then they crashed into a stationary car. 100% neighbours fault.

Have they gone down the route of a forensic engineers report? Or was it a standard report. The most helpful is if you've an independent witness but obviously difficult if it gets other neighbours involved.

any update op?

Hi all, I always hate threads with no ending so thought I'd come back with an update-and it's a positive one!

This went back and forth between our insurers. It seems both accounts of the accident were the same but the other insurers felt I should bare 50% of costs as I was manoeuvring in the road (regardless that the road was clear at the time)

I have to say my insurers were amazing and backed me that it was no fault. This ended up going to solicitors just before Christmas so I had to go through it all again with them

They were also great and agreed this should be no fault on my side.

And today I got a letter to say the other side have relented and paid the costs, accepting liability

So 5 months of frustration but finally sorted

Excellent, thanks for updating.

Nice update.

Well done @NeighbourHitMyCar

I'm sure you're relieved!