• This topic has 72 replies, 31 voices, and was last updated 6 years ago by DezB.
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  • Car collision. Who is at fault?
  • benz
    Free Member

    Context:

    Driving down 2-way street.

    I note car on right of street indicating to come out of their parking space to cross flow of traffic.

    There is a van further down the street coming in the opposite direction.

    I note parking space on left side on my direction of travel. I indicate, pull into gap and engage reverse to allow me reverse and not block a householders drive.

    CRUMP!

    The car which had been indicating to pull out had obviously done so quickly and had gone into the space (which was a short time earier empty) behind me as I was reversing.

    Minimal damage to my car – slight misalignment of panel under bumper – about 2mm wide but no scratches or scrapes.

    The other parties car has a cracked number plate plus what looks like cracks coming from the numberplate screw-hole (which had no reflective cap and is rusty..) on the front bumper.

    The other driver has suggested it was my fault as I reversed into her and notes that her car is damaged.

    I suggested that I may counter-claim she ran into me and that 50/50 so we should deal with our own damages.

    This poor lady was somewhat stressed and advised she had no time for discussion and we swapped names and numbers and went on our separate ways.

    So….what should I do next?

    Jamie
    Free Member

    What significance is the van?

    Anyway, slightly confusing set up, but 50/50 I’d imagine. As it seems you reversed into her, and she drove into you.

    wwaswas
    Full Member

    Did you get the space?

    mr-potatohead
    Free Member

    based on recent experience if the damage to both vehicles is low level as you say, you’d both be better off paying for it privately .If you go through your insurance it will, as you say likely be 50-50 and you’ll both get a massive hike in your premiums .not worth it especially if you have an excess on your policy .

    Yak
    Full Member

    Was she moving at the time of collision?

    benz
    Free Member

    Significance of the van is that the lady presumably wanted to get out before it reached her and presumably ‘nipped’ out of her space into a space which she thought was there but was not actually there as I was reversing….

    I’m inclined to suggest that we each take care of our respective damage.

    However, I also do not want my car keyed as I park in a street close by…..

    benz
    Free Member

    I honestly do not know if she was moving or not….

    zilog6128
    Full Member

    I honestly do not know if she was moving or not….

    suggests it’s probably your fault then, sorry, as you should’ve been looking behind you when reversing (and check whether it’s clear/safe… driving test fail isn’t it?!) Especially if she can claim she was stopped and you were the only one moving.

    Not 100% sure whether you were actually trying to park, or just getting out of the way of the oncoming van? Also the women left a parking spot and immediately re-parked on the other side of the road?!

    johndoh
    Free Member

    I would say it would go 50/50 as far as a claim goes, but I would also suggest that you were more at fault for reversing without checking to see if it was safe to do so. She couldn’t be expected to anticipate a car in front of her suddenly reversing.

    Yak
    Full Member

    Is there a danger that she will claim? I would have a proper chat with her soon and see if that is likely or whether you can both just get the damage fixed yourselves.

    But if she is adamant that she was stationary, then she probably won’t agree to this.

    simmy
    Free Member

    OP, were you moving or had you just engaged reverse ?

    If you not sure if she was moving or not, if you wasn’t that will be important as she has hit you whilst you was stopped.

    Edit – just re read you were moving so I’d say 50/50.

    When she had calmed down how about seeing if she will just get hers fixed and you sort yours out ?

    johndoh
    Free Member

    OP said as I was reversing.

    dooosuk
    Free Member

    Are you suggesting she needs more than just a new number plate?

    plus what looks like cracks coming from the numberplate screw-hole (which had no reflective cap and is rusty..) on the front bumper.

    Are these cracks on the number plate itself or the bumper underneath the plate?

    If all she needs is a number plate, I’d just buy her it and call the matter closed.

    benz
    Free Member

    I was looking behind me when I started to reverse and there was an empty space behind me. I then glanced forward to ensure I had left sufficient gap in front of the driveway as the reversing sensors sounded then CRUMP.

    So yes I was not looking directly behind me at the exact point before impact.

    It may or may not be that the other party was moving into the (once) empty space as I was was also doing so.

    Yak
    Full Member

    as the reversing sensors sounded then CRUMP.

    Ah. Unless you were reversing very fast, the sounding of the sensors usually give you some time to stop against a stationary object. Sounds like she was moving. You can’t prove this though.

    johndoh
    Free Member

    I was looking behind me when I started to reverse and there was an empty space behind me. I then glanced forward to ensure I had left sufficient gap in front of the driveway as the reversing sensors sounded then CRUMP.

    So when you looked behind you, there was no car immediately behind you? You thought it was safe to manoeuvre?

    daniel_owen_uk
    Free Member

    Surely if you were looking behind you as you were reversing you would have seen the car?

    I would suggest as you weren’t looking in the direction of travel at the point of impact an insurer would put the blame on you.

    aracer
    Free Member

    I’m intrigued by how she can fit her car into a non existent space 😆

    IMHO it sounds like your fault – though I’m not sure there’s enough information to be 100% sure. Let’s try an analogy here – you’re driving forwards into a space, but whilst you’re moving you shut your eyes and whilst your eyes are shut you hit something which has moved into the space in front of you.

    benz
    Free Member

    When I looked behind me, before starting to reverse, there was no car behind me – only a decent sized space.

    After starting to reverse, and during the point that I glanced forward to ensure I had left space in front of the driveway, the parking sensors sounded a brief moment before CRUMP.

    Yak
    Full Member

    She was either moving, or had stopped hard up against your rear bumper. Either would be an unreasonable thing to do when your reverse lights were showing.

    thecaptain
    Free Member

    I’m a bit puzzled how you can have reversed into her without seeing. Where were you looking? Seems unlikely she drove into you, which does suggest it’s your fault. But I’m having trouble picturing what actually happened here.

    sharkbait
    Free Member

    50/50 or, more likely, your fault as you were reversing. I can see how she’d be annoyed if it went to 50/50.
    Hope it ends as well as possible for you both.

    crazyjenkins01
    Full Member

    Bit of disagreement here.

    How long did you look forward to ensure no blockage of driveway. You say “glance” so I guess 1s or less?
    It sounds to me like she was looking at the van as she pulled out (therefore not where she was going)

    I would suggest as you weren’t looking in the direction of travel

    therefore she was at least just as ‘at fault’. Would also imagine pulled out a bit quick to beat the van??

    Should also have second checked that where she wanted to move into was empty, also a test fail I believe??

    Obviously not being there, cant be sure what happened.

    benz
    Free Member

    I’m a bit puzzled how you can have reversed into her without seeing. Where were you looking? Seems unlikely she drove into you, which does suggest it’s your fault. But I’m having trouble picturing what actually happened here.

    As stated above, for a brief moment I did not look behind me to check that I had left sufficient space in front of a driveway. This was when the parking sensors sounded. Up to that point there was nothing behind me.

    Is it worth noting that it was dark and that the other vehicle in question had no lights on.

    thecaptain
    Free Member

    Is it worth noting that it was dark and that the other vehicle in question had no lights on.

    Oh that certainly makes a difference. Though it still sounds rather like you were reversing without looking where you were going.

    benz
    Free Member

    I was using mirrors to check behind me apart from a forward glance, (yes, whilst I was still moving slowly backwards rather than being 100% stationary)to ensure space left in front of driveway.

    crankboy
    Free Member

    Her fault she clearly drove into the back of you ignored your reversing lights and failed to alert you to her presence with her horn. Your fault you failed to observe her presence and reversed without checking .
    The clearest 50/50 imaginable , sort it out yourselves.

    kerley
    Free Member

    So there was no car behind you. You then glanced forward for a second and then reversed into a car that was now behind you.
    The other driver was either incredibly quick at driving into the space behind you or it took you a bit longer to check than a ‘glance’ so should have been looking behind again before reversing.

    benz
    Free Member

    So there was no car behind you. You then glanced forward for a second and then reversed into a car that was now behind you.
    The other driver was either incredibly quick at driving into the space behind you or it took you a bit longer to check than a ‘glance’ so should have been looking behind again before reversing.

    Probably a fair comment.

    I’ll get my car checked over, she will do the same then we will compare notes.

    I’ve never had to involve the car insurance companies in my ~ 35 years of driving so this is a new thing for me….

    nealglover
    Free Member

    If you describe it to an insurance company in the same way you have here, then you are at fault.

    You were moving but not looking where you were going, you didn’t see the car and reversed into it.

    Hard to see it as anything else but your fault from your description really.

    zilog6128
    Full Member

    I’ve never had to involve the car insurance companies in my ~ 35 years of driving

    I’d imagine that’s the reason for a lot of people getting complacent and cutting corners (i.e. not driving as they were taught/tested on). Obviously a lot of the time incidents are more serious than a minor parking bump! Good reason for compulsory regular retests IMO! 🙂

    benz
    Free Member

    Ok, let’s say the insurance companies get involved….

    What would be the expected impact on future insurance premiums?

    Quick check on the DVLA website shows the other vehicle as currently having no valid road-tax….expired at end of August.

    Yak
    Full Member

    Quick check on the DVLA website shows the other vehicle as currently having no valid road-tax….expired at end of August.

    In that case they will want nothing to do with the insurers, so probably safe to propose that you all go your separate ways and fix the damage yourselves.

    aracer
    Free Member

    I doubt the insurance companies will care that much about who’s paid their VED when allocating fault.

    benz
    Free Member

    I’d imagine that’s the reason for a lot of people getting complacent and cutting corners (i.e. not driving as they were taught/tested on). Obviously a lot of the time incidents are more serious than a minor parking bump! Good reason for compulsory regular retests IMO!

    🙄

    Yak
    Full Member

    Surely the other party isn’t actually insured at this point.

    Sorry – insurance may be independent of tax status.

    Keva
    Free Member

    it sounds as though she did nick the space whilst knowing you were about to reverse into it. Was she actually parked straight (no pun) or was she still in the process of manouvering at the time of crunch?

    craigxxl
    Free Member

    Benz, sounds like your fault. Regardless of the third party jumping into the space you are still required to look where you’re reversing, had you done so then you would have spotted the other car and stopped.
    Expect a claim from your insurance and your future premiums to reflect this for the next 3 – 5 years.

    benz
    Free Member

    The other parties vehicle was not fully into the space behind me….evidenced by the fact that it was sitting at an angle with the rear half of it into the roadway and she had to reverse it to the other side of the road back into the space she had initially come out of.

    zilog6128
    Full Member

    The other parties vehicle was not fully into the space behind me

    the revelation that the other driver had no lights on and it was night, now this… classic drip feed of pertinent information… we sure this isn’t a troll post?! 😆

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