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Original poster

car crash

24 replies

higglewiggle · 16/07/2010 11:49

Yesterday afternoon i was reversing out of a parking space no one behind me when started to reverse, next thing i know car has driven into me while i was still reversing, me and kids abit shaken up, the man driving was like what did u do that for...he was not behind me when i started to reverse so whos fault is it??

OP posts:
scurryfunge · 16/07/2010 11:50

Yours.You should have stopped when you saw him approaching.

Original poster
higglewiggle · 16/07/2010 11:57

i did not have time i stopped as soon as i saw him, then i heard a crash!

OP posts:
Original poster
higglewiggle · 16/07/2010 11:58

i also should of said he came round the corner into me

OP posts:
SleepingLion · 16/07/2010 11:59

Legally, I don't know but what kind of idiot doesn't stop to let someone reverse out of a parking space?

Hope you are not too shaken up - these things are horrible, aren't they?

Original poster
higglewiggle · 16/07/2010 12:01

i am a bit gutted as he wants almost 1000 for the damage to his car!!

OP posts:
SleepingLion · 16/07/2010 12:03

Well, don't enter into any discussions of that sort. Hand it all over to your insurance company and don't admit liability - you simply need to give him your insurance details and they should handle it from here on in.

scurryfunge · 16/07/2010 12:05

He should have been driving slow enough to anticipate people reversing out of car spaces onto the carriageway but it will still be your fault.

Original poster
higglewiggle · 16/07/2010 12:07

there has been no offer from him to pay for any of my damages either, really dont want to go through insurance as i have a couple of years no claims i want to keep.

OP posts:
scurryfunge · 16/07/2010 12:11

If you are in dispute, then you will have to go via your insurers. By rights you should report the accident to your insurers anyway, whether you claim or not.

Original poster
higglewiggle · 16/07/2010 12:32

Thanks everyone, still not sure what to do, keep crying about it, i know im just being silly, first time i have ever been in this situation.

OP posts:
scurryfunge · 16/07/2010 12:34

It's a bit of a shock but thankfully no one has been injured. Put it down to experience. Try and get into the habit of reversing into a car parking space.

Harimo · 16/07/2010 12:37

If I'm reading this correctly, he was driving forward and you were reversing... right?

Therefore, HE went into the back of YOUR car.

Therefore, unless the police / insurers can claim otherwise, it is HIS fault.

It is always the person who goes into the back of the other car's fault in the first instance.

scurryfunge · 16/07/2010 12:39

I don't think that sounds quite right Harimo.

aleene · 16/07/2010 12:41

legally you should report all accidents to your insurer.
It would be far better to hand this over to your insurer to deal with - a lot more simple than you think. Don't be bullied by this man.

Harimo · 16/07/2010 12:48

No, this exact same thing happened to a friend of mine a few years ago... he was driving along a road and a white van stopped in front of him...

before he knew what was happening, the white van reversed into him (he had missed a turning, AFAIK)...

Anyway, this van driver didn't have any appreciable damage to his car (my friend's car did) but the white van driver got off with it, because my friend had gone into the back of his car.

And in another case, I got hit (rear ended) by a drunk driver. I shot forward and his the car infront who, in turn, did the same thing... But, MY insurance had to pay for the driver I hit and HER insurance had to pay for the driver SHE hit (which I felt so sorry for her... she had to pay her excess and lost her no claims... mine was a company car). Even though it PATENTLY wasn't her fault, she still had to pay out for it.

lilmissmummy · 16/07/2010 12:52

I would say it was his fault too as he hit the back of your car. Also from what it sounds like, you were stationary and he hit you - therefore it was his fault. Sorry but it sounds like an insurance company job!

Shirleygoodness · 16/07/2010 12:53

Definitely let insurance co. work it out - that's what you're paying them for. They may do it on a "knock for knock" basis where you're basically both equally responsible and each insurance covers their own claimant's damage.

scurryfunge · 16/07/2010 12:53

I can see in a rear shunt everyone but the leading vehicle is at fault, that has always been the case.

Pulling out onto the main carriageway whether reversing or not will put you at fault if you hit something, same as at a junction.

I can just about see how it was not the van driver's fault as in theory your friend didn't slow down for a hazard in the road.(the van driver contributed to the collision).
Leave it to the insurers to decide

Headbanger · 16/07/2010 13:02

What Harimo said.

good luck - sounds ghastly.

whatname · 16/07/2010 13:05

yeah, harimo, I thought that was the rule too.

frasersmummy · 16/07/2010 13:09

if you are reversing out of a space then the car coming along the road has right of way

Its completley different to someone rear ending you

mysteryfairy · 16/07/2010 16:00

I'm surprised by the fault in the incident that happened to Harimo's friend.

I was once driving along a country road behind a tractor which stopped, causing me to stop about 10m behind it. The tractor driver then reversed without looking into my stationary car, obviously doing a fair bit of damage. The tractor driver was found to be 100% at fault.

Although the circumstances in the OP are different I think the OP will be found at fault too as she has reversed into the path of the driver with the right of way.

Harimo · 16/07/2010 16:15

To be fair, I'm not sure how much my friend pushed it.

I don't think White-van-man was the nicest person on earth and his vehicle didn't have any appreciable damage (it did, but nothing that could conclusively be put down to THIS incident, IYSWIM).

AFAIK, he just denied it. But the other insurance co. couldn't prove it, so my friend had to take it on the chin,

OrmRenewed · 16/07/2010 16:19

Same thing happened to me. But it was seen as my fault because although the other driver was going too fast and hit me, I was the one who had moved out on the highway without due care and attention ()so it was my fault. They can't prove the speed she was going. There were no witnesses.

I think you need to claim. I don't expect white van man is going to back down. Sorry.

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