A woman reversed into my car today bit complicated what would you do?

[iampgatlast]

ok it might be a bit long and confusing but il try my best to explain...

i was parked in a car park 1 bay in from the end and the arrows were pointing for traffic to flow from right to left so when i went to go i should have driven left to exit but there was a huge truck parked to my left so i could not do this without making quite a few awkward manouveres as the car park is very cramped and narrow.

so i turned right and was travelling at max 10mph if that. a woman reversed out straight into my back wheel arch and has dented it in and scratched and chipped the paint work.

i got out and she said it was my fault, i said that she should have been looking before sge just reversed out. i admitted that i was going the wrong way due to the truck which she aknwledged but said it was still my fault. i got her details but she wasnt even interested in inspecting her car and it was an effort to get her to look at mine.she also didnt want to take any details from me. her car was already badly scratched and there was nothing visible that stood out that happened during this incident. she said she would rather sort it out without going through insurance.

i took the car to a garage and have received a quote to have the repairs done. i phoned her this evening and she is now changing her story saying i was speeding (which is totally not true in a small car park and i was approaching a turning to exit the car park) and she is saying it is my fault as i was going the wrong way.

i agree i was in the wrong going opposite to the arrows but you dont reverse out without looking if i had been going the other way the same thing would have happened.

i am now worried that if she refuses to settle outside insurance that she will try and claim off of mine for previous damage done to her car. i have a £750 excess so i really dont want to be paying out for that.

i just need opinions and advice please.

my partner is just calling me a dopey woman driver - that doesnt really help!

She was in the wrong, after quick discussion with DH. Firstly, normal highway rules don't apply in a car park, so even if you were going the 'wrong' way, its not legally binding. Or something. Secondly, you were on the main road, so to speak, and so she was the one who drove into you, almost like she came out of a junction and hit you on a main road. DH reckons there may be something about insurance policies not being valid in car parks though, as they're private property. This has probably made matters more confusing. Sorry

A similar thing happened to dh. He was reversing out of a parking space, when a woman came round the corner too fast and went into the back of him. We took photos of damage, and were confidently expecting that the woman would be paying for the damage.

Our Insurers had different ideas! It seems that the reversing party is always at fault in cases like these, even if there is mitigation. So you may find that her insurers pay up for your damage. She is obliged to look where she is going, and that includes in areas where she is not expecting to see an oncoming car.

It's like the situation where one car goes into the back of another. It doesn't matter how suddenly the car in front stops, the car behind is expected to be able to stop as well.

our insurers had no problem with dh being in a car park, btw.

She is in the wrong for reversing out without looking.

thanks for your quick responses, this is what i thought that she was in the wrong as she backed into me, she failed to look where she was going at the end of the day. the angle that she reversed at also indicated that she was going to exit in the same direction as me.

i cant risk losing the case and paying out £750 in excess charges and losing my no claims its a tough one to decide as it could go either way where insurance companies are concerned.

I reversed into another car who was pulling out forwards, in a car park, and the insurance company said "this might seem strange since you dont have as good view as the other party, but insurance companies take the view the reversing party is always to blame"

So there you have it, its her fault not yours.

I can second Wildfish. I reversed into someone too and it seems that the reverser is judged at fault unless there is some overwhelming reason otherwise. So at the very worst it would be 'knock for knock' i.e. each party funding their own damage.

There was no problem with the insurance when someone backed into me in Tesco's car park a few years ago. She said 'I did look but by the time I'd put the car in reverse you were behind me...'
Didn't think of looking again apparently!

I always reverse in & drive out - much safer, especially if you're between two massive 4x4s.

She reversed out and hit you regardless of other factors it is her fault go through insurance and she will loose and you won't have to pay your excess.

why don't you ask your insurance company before you put in a claim? I'm pretty sure there is a "reversing driver always at fault" rule - I think you would win, but they'll know better than me.