Just had a car accident - the other driver says it is my fault, I disagree. Who is right?

[bunny2]

Grrrr. Tesco carpark, I was going very slow because I was looking fir a space (doesnt mean I wasnt looking where I was going). A car backed out of the space and into me, my car then pushed the other car into the adjacent one. The other driver kept repeating "you drove into me, you drove into my car", she wants my insurance to pay up. But.... surely she drove into me, I had right of way, i wasnt speeding, I was looking where I was going.... can she really nail this one on me????

It depends where the damage is surely? If you went into her, the damage will be on the side of her car and front of yours. If she went into you the damage would be on the back of hers and side of yours. IYKWIM. However you pushed her car into another car, so it sounds very like 'corner to corner'' so to speak (as your damage sounds too) Therefore I would say you have teh right of way, not her so it is still her fault. I can see why she might think it was your fault, if she had already been reversing out and you came round a corner sharpish, and pushed her car into another, I would think it was your fault then. TBH I wouldn't worry, just make sure you draw a good picture and explain carefully. I don't understand why the Tesco's guy wouldn't be a good witness, he still saw what happened, never mind him other difficulties. If he holds down a job I am sure he could say what happened

JM, thankyou, thankyou. Do you know how long these claims take? And are the insurance people likely to interview my witness? Would CCTV footage help (they have some, I have just spoken to security about it)

Hi crunchie, thanks for your meaage. I am hoping my witness will be used - it was the woman I spoke to at Tescos who voiced her doubts of his ability to witness. He was extremely clear and lucid and had seen what happened from a few feet away. I think he will make an excellent witness. you are right, it was a corner to corner prang but with mosre damage to the side of my car. I didnt come round a corner, I had driven a stretch of about 30 yards before she went into me so I can argue she would have seen me coming if she was looking properly cant I????

any evidence you can get will help. Deffo get the cctv and the witness details. Pass all on to ins company.

If it is clear cut on the cctv and you have a witness in your favour (and learning difficulties mean NOTHING - he is still a witness) then it should be resolved fairly quickly. Your insurance company will get your car fixed and send the bill to her insurers. If you have an excess on your policy, speak to ins company to see if they can get an admission of liability in orser they can "waive" it for you so you dont have to pay it. If you do have to pay it, keep the receipt and ask ins company to claim it back from them on your behalf.

If you need ANYTHING explained or whatever, just CAT me, im more than happy to help.... quite nice getting back into this again - may have to think about going back to work once bubba number 2 is born!!!

JM, you're a star I'll def CAT you if I have more questions. I feel quietly confident right now though!

So you should!!! Glad to have helped!

Good luck with the rest of your pregnancy too. You are quite near me arent you (bournemouth)?

jessicasmummy is spot on... these accidents which occur on non-highway land can always be a bit iffy, as apart from anything else, the police won't be interested to give their view and insurance companies always write to the police to get a copy of the report if available.

The best point of reference in a road traffic accident is always the Highway Code. Always see what that has to say before filling out an insurance form.

Or ask me

But not if you've been speeding as thats very very naughty and I won't help out of principle. Cough.

FWIW, a friend managed to damage 6 cars by going into the back of a stationary queue. His insurance had to pay for the damage to all the cars.

Bunny2, it's your right of way....it's her fault.

how are you doing?

hey nubby2 - sorry i missed your last post.... i used to be in wiltshire, but now in Essex. DH is army so on the move!!!

As i said, anything you need, CAT me, as you will have noticed ive changed my name.

Hope all is ok.

what does CAT mean?

Contact Another Talker - at the top of the page.... means you can send a private email to another talker without them having to disclose thier email address on line. It goes through mumsnet and they forward it on.

thank you!!!!

People with learning disabilities are often competent and reliable witnesses. If your witness has volunteered that she is confident of what she saw it's hard to see what the problem could be.

eemie, I agree, our witness would be absolutely fine but I thought perhaps the other partys insurance might try and discredit him. Luckily though, the lady who reversed ou has accepted full responsibility, her insurers rang me today. So we wont be needing our witness after all.

Thank you everyone for all your advice and support
bunnyx

if you are blonde it must be your fault?????