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Some git went into the side of my car yesterday and is now trying to say its my fault - advice please.

31 replies

VivaLeBeaver · 10/02/2011 16:36

Dropping dd off at school yesterday, there's quite a few cars parked on the road along from the school as normal. There's a farm track that lots of people turn round in, and there was a 4x4 stationary on the road next to the entrance to the farm track. Its not unusual for people to be parked there and as it wasn't moving or indicating to move I went past it and turned down the farm track.

So I'M going forwards down the farm track, breaking and come to a halt. Then there'sa huge bang and the 4x4 has reversed in side of me. Loads of damage to my car, none to his.

We get out, he's saying sorry, its his fault, etc, etc. Says he never saw me as he has a big blind spot and I'm lower down in my little car. We swap details.

So today I got a phone call from my insurance company saying that he's now saying something different. He says he was already reversing and I went into his path. But he's also said he never saw me. So that contradicts himself.

All the damage is to the side of my car and I do have a sort of witness. She didn't see the actual impact but she saw him, parked up and not moving. She saw me come and pull into the track. Then 5 seconds later she heard the bang as he hit me.

Now I've told my insurance compnay all of this and they sort of sucked their teeth and said it could be 50/50. Well bollocks, I'm not happy with that. He's reversed into the side of a stationary car. His only possible defence would be if he'd already been moving but I have a witness to say that ain't so. So what are my options. My excess is £500 and there is no way I'm prepared to accept 50/50.

Any advice please

OP posts:
wingandprayer · 10/02/2011 21:29

That's great news about the witness. Don't see that he has a leg to stand on but still make sure you write that letter and send photos. You have to be all over them to ensure they persue this.

snorkie · 11/02/2011 00:50

The witnesses should put you in a very much stronger position - hopefully it will be resolved quickly. Good luck.

Resolution · 11/02/2011 07:25

Check what the highway code says about reversing.

Resolution · 11/02/2011 07:27

200
Choose an appropriate place to manoeuvre. If you need to turn your vehicle around, wait until you find a safe place. Try not to reverse or turn round in a busy road; find a quiet side road or drive round a block of side streets.
201
Do not reverse from a side road into a main road. When using a driveway, reverse in and drive out if you can.
202
Look carefully before you start reversing. You should
use all your mirrors
check the ?blind spot? behind you (the part of the road you cannot see easily in the mirrors)
check there are no pedestrians (particularly children), cyclists, other road users or obstructions in the road behind you

Reverse slowly while
checking all around
looking mainly through the rear window
being aware that the front of your vehicle will swing out as you turn
Get someone to guide you if you cannot see clearly.
203
You MUST NOT reverse your vehicle further than necessary.

VivaLeBeaver · 11/02/2011 08:30

Well he definetly didn't check his blind spot.

OP posts:
sneezecakesmum · 11/02/2011 19:35

Absolutely, saying he wasn't aware you were there regardless of whether he was moving when you pulled up is a rubbish defence. Ignorance of your presence is not a defence in law (to paraphrase!)

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