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Original poster

Car accident, who is at fault?

42 replies

ChristmasJumpers · 09/05/2023 07:03

Yesterday I was in a minor car accident which left me with a cracked bumper and the other driver with a damaged door which wouldn't fully close.

I was attempting to park my car at my local petrol station and there were two cars parked across the lines of spaces, effectively taking up 4 spaces between them, with a wide enough gap in the middle for another car. I stopped my car at the petrol pumps behind the spaces and commented to my mum that it was annoying because I was going to have to park across two spaces in order to fit between the other cars that already had. I then moved forward into the gap, which was larger than a normal car parking space due to how the other cars were spaced, there was plenty of room for my car.
As I got into the space, the driver to my left threw his door open straight into my bumper. I had to reverse in order for him to be able to move his door back. He is claiming that I drove into his open door, but he opened it straight into me too late for me to react. I'd have to have been psychic to avoid this happening, whereas he only had to check his mirrors to see me driving up behind him. I drove straight into the space, I didn't have to turn into it, so he would have seen me had he checked.
I know that I'm not actually in the wrong, but does anyone know how this will be viewed by the insurance companies? My concern is that I was going forward and the damage is to the front of my car which usually immediately means I'm at fault.

OP posts:
sparkypupp · 09/05/2023 07:08

Was the door fully open when you hit it?

PsychoHotSauce · 09/05/2023 07:08

Presumably there'd be cctv? I'd try and get that ASAP.

QuintanaRoo · 09/05/2023 07:09

It’s going to be difficult to prove. If you were stationary and he opened his door it’s his fault. If he opened his door and you drove into it it’s your fault. He may well say that the latter is what happened.

But yes from what you’ve written it sounds like his fault and he should have looked before opening the door.

SmirnoffIceIsNice · 09/05/2023 07:12

Can we please have a diagram of the spaces and how the other cars were parked to understand this better OP.

mycatsanutter · 09/05/2023 07:13

It's his fault and the engineer from your insurance company may be able to see that the damage to your vehicle backs up your version. Also check if there is CCTV

Redebs · 09/05/2023 07:14

After an incident in a car park where someone reversed into me, I contacted my insurers for a chat and they said that in car parks they usually split the blame 50/50 because it's very hard to prove either way unless there's footage.
Since any claim will put your premiums up, it's not worth it for a small amount of damage.

arethereanyleftatall · 09/05/2023 07:22

Unless cctv or witness, it'll be 50/50. It doesn't matter whose fault it is, it matters what you can prove. And, he's gonna say one thing, you're gonna say another, they don't know.

mondaytosunday · 09/05/2023 07:28

If the damage is to the outside of his door, surely that means he opened on to your car. If the damage is to the inside of his door or edge, that would seem to indicate you drive in to the door.

Catmummyof2 · 09/05/2023 07:33

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

Theraffarian · 09/05/2023 07:57

From what you have said “too late for me to react” , I would think you drove into him , also by the fact to release his door you had to reverse your car , indicating that his door was being opened and got trapped when you continued to drive into it .

Also you were driving into a parking space that didn’t exist , yes the gap was there , but it wasn’t a space between two lines ( I understand due to other drivers bad parking ).

I would say you would be lucky if it goes 50/50 . Sounds like the other driver wasn’t looking behind him when he opened the door but that you were the one who drove into him .

Original poster
ChristmasJumpers · 09/05/2023 07:59

It's really hard to explain but he opened his door at the exact time I drove into the space, the timing was awful and the damage is to the edge of his door. I genuinely could not have stopped it happening as he just swung it open out if nowhere. I had previously stopped to assess where to park so hed been sat in his car for a while after parking. Half a second later and it would have been the outside of his door and the side of my car that we're damaged. He also had a perfectly good space to park in but chose to park across two.

I'll draw up a diagram later today and upload it. There will be CCTV I hope. I need to go into the petrol station today at 9am when the manager will be in. I haven't spoken to my insurance yet. The other driver spent a lot of time trying to convince me to settle the problem ourselves but I can't afford the repairs without insurance. He did take a lot of photos so I'm hoping he is actually insured!! He couldn't remember who his insurance was with but I have his name, phone number and reg number

OP posts:
VisionsOfSplendour · 09/05/2023 08:02

mycatsanutter · 09/05/2023 07:13

It's his fault and the engineer from your insurance company may be able to see that the damage to your vehicle backs up your version. Also check if there is CCTV

Would they send an engineer for a cracked bumper, wont they just do 50 50 ?

Not saying thats right but possibly the pragmatic solution

Hellocatshome · 09/05/2023 08:06

The insurance companies will probably agree 50/50 in this case.

Gymmum82 · 09/05/2023 08:10

They will do 50/50 in my experience unless it’s a clear case of who was at fault the insurance companies can’t be bothered to fight it out so just split it.

NameChange900 · 09/05/2023 08:10

I dunno, car parks usually have a speed limit of 5mph and at this speed you should definitely have time to react and stop. It suggests to me that you were probably reversing too fast or weren't looking in your mirrors if you got far enough back that they had time to open their door whilst you were reversing, but you did so much damage that they couldn't even close their door (and you had to move out of the space for them to open it again). If I was doing 5mph and hit a car I would stop as soon as I felt a little bump and I'd likely have reaction time to do this almost immediately. Yes they should have looked when they were opening their door but equally it's a car park and the speed limit (or assumed speed limit as we all know car parks are 99% of the time 5mph) should have prevented such extensive damage.

Original poster
ChristmasJumpers · 09/05/2023 08:19

NameChange900 · 09/05/2023 08:10

I dunno, car parks usually have a speed limit of 5mph and at this speed you should definitely have time to react and stop. It suggests to me that you were probably reversing too fast or weren't looking in your mirrors if you got far enough back that they had time to open their door whilst you were reversing, but you did so much damage that they couldn't even close their door (and you had to move out of the space for them to open it again). If I was doing 5mph and hit a car I would stop as soon as I felt a little bump and I'd likely have reaction time to do this almost immediately. Yes they should have looked when they were opening their door but equally it's a car park and the speed limit (or assumed speed limit as we all know car parks are 99% of the time 5mph) should have prevented such extensive damage.

I wasn't reversing, I drove straight in forwards and stopped as soon as I felt the impact. I wasn't going fast as I literally only had a tiny amount to drive, from the petrol pump to the spaces directly in front of them, not enough to gain any speed before being in the space. I was looking where I was going and his door opened at very unfortunate timing. Basically he hit me but while I was inching forwards 😒

I genuinely would have had to somehow already know he was going to open his door at that exact time in order for this not to happen

OP posts:
Original poster
ChristmasJumpers · 09/05/2023 08:21

sparkypupp · 09/05/2023 07:08

Was the door fully open when you hit it?

No, it opened "as" I hit it. I'm loathe to say 'I' hit 'him' though, as it wasn't my actions that caused this. Had he looked in his mirror and waited, I'd have successfully parked without issue. There are no changes I could have made that would have prevented the accident

OP posts:
NameChange900 · 09/05/2023 08:23

ChristmasJumpers · 09/05/2023 08:19

I wasn't reversing, I drove straight in forwards and stopped as soon as I felt the impact. I wasn't going fast as I literally only had a tiny amount to drive, from the petrol pump to the spaces directly in front of them, not enough to gain any speed before being in the space. I was looking where I was going and his door opened at very unfortunate timing. Basically he hit me but while I was inching forwards 😒

I genuinely would have had to somehow already know he was going to open his door at that exact time in order for this not to happen

Show quote history

Doesn't make any difference whether you were reversing or going forwards. In fact if going forwards you should have reacted even quicker. I really think this is 50/50 but am really struggling to understand how so much damage was done if you were inching forwards.

Original poster
ChristmasJumpers · 09/05/2023 08:26

Well it's still a full car vs just a door. I don't really understand it myself, his door visually kust has a tiny dent in it but then when he tried to close it, it wouldn't click closed. My foot was already on the brake in anticipation of stopping in the parking space, so I know I stopped as quickly as humanly possible

OP posts:
theemmadilemma · 09/05/2023 08:41

You need that cctv.

I still rue the day I left it too late to grab it from a petroleum station and I ended up 50/50 even though someone drove into the side of me!! I had no proof. 😭

alwaysmovingforwards · 09/05/2023 12:28

If you were moving but the other car stationary when the impact happened, you'll be liable. In all likelihood it'll go 50/50 which sounds fair.

Lougle · 09/05/2023 12:50

It sounds like it's your fault, tbh. If it was his fault the damage would be to the outside of his door because he was opening it against your car. You might get 50/50, but I think it's very unlikely that damage to the edge or inside of his door would be considered his fault entirely.

trevthecat · 09/05/2023 13:00

Although he shouldn't have been parked over the line, many do it deliberately. Thinking there was no space for someone next to him, he has opened his door?
Why did you try to park if both cars either side were over the lines? It must have been tight

Original poster
ChristmasJumpers · 09/05/2023 13:15

trevthecat · 09/05/2023 13:00

Although he shouldn't have been parked over the line, many do it deliberately. Thinking there was no space for someone next to him, he has opened his door?
Why did you try to park if both cars either side were over the lines? It must have been tight

Both were overlapping spaces but I was left with a bigger than one space gap. Ice attached a very amateur diagram of what I mean. The green lines are space markers, pink scribbles are the other two cars, and orange scribble is my car

Car accident, who is at fault?
OP posts:
Margarita45 · 09/05/2023 13:23

50/50 seems logical. Unless the other driver point blank refuses to accept any liability…in which case it’ll drag on for almost eternity (speaking from experience) 🙈

50/50 needs both sides agreement, don’t accept full fault and try and get the CCTV. A petrol station is usually covered in cameras.