Had a bump in the car – just checking who may be liable

On Saturday we were at the local PYO xmas tree place. All the cars were parked ‘nose/back end first’ on the right hand/drivers side which left enough room for no more than one car to drive down the back of the parked cars.
We were leaving (without tree) and I was reversing slowly past the cars. I was looking in the rear view mirror to see where I was going when we were T-boned (slowly) by a van that was reversing out of it’s parking space.
He hit me with, mostly with the corner of his bumber, in the middle of my drivers side back door (4 door golf).
Me: Didn’t you look to see if it was clear?
Him: Yes. but didn’t see you as you must have been behind me…. Sorry.

Exchanged details and he calls half an hour later asking if I can get a price to repair it without involving insurance. I say yes as I have a mate with a bodyshop business.
Estimate comes back today at £850 + VAT as, although the rear door can be repaired, it needs a new drivers door.

Send the price to the chap who asks for pictures which I supply. He then texts to say that he can’t afford to pay “so it will have to go through the insurance and anyway we were both at fault”

?? eh? He reversed into the middle of my car – can I be at fault at all?

I assume you have right of way as you are on the road and therefore their fault

IANAL

Will be 50/50, he sounds like the type who will argue, change his story, fabricate a witness etc etc, suck it up and move on, life is too short. Sorry, I know this isnt what you want to hear but thats life.

Off the road but with designated parking area.

You may be right BP as this seems to be the way things end up. Not too bothered as I have protected claims, no excess and a £150/year premium.

Was it in any way interpretable (if that’s a word) as being a one way thoroughfare that you were reversing along?

Does seem clearly their fault. I think Pablo there has a point though, and he could be difficult if he wants to be.

Sounds like a 50/50 and if it was on private ground with no markings, is it not just treated as one huge unmarked junction anyway?

Anyway, its not worth not going through the insurance as you’d need to declare it at renewal time anyway.

If he hit you in the centre of your car then it should be his fault. Insurers have a habit of going knock-for-knock though, they may blame you both !

Was it in any way interpretable (if that’s a word) as being a one way thoroughfare that you were reversing along?

Not that I’m aware of. Certainly no signs.

Let your insurance sort it out. That’s why you pay them.

. I was looking in the rear view mirror to see where I was going

Devil’s advocate – it could be argued using your mirror isn’t as safe as looking over your shoulder. Would you have seen the van reversing lights and been able to sound the horn. Still think it’s mostlythe van driver’s fault but I wouldn’t bet on their insurance accepting full liability.

Damage

If you report it to your insurance your premium will go up, and if you dont, questions will be asked if him and his passengers put in a claim for Whiplash etc.

But being private property neither of you need insurance unless specified by entering the property.

it could be argued using your mirror isn’t as safe as looking over your shoulder

I may well have been looking over my shoulder – I was def looking behind. Took everybody [wife in passenger seat] in the car by surprise.

Not too bothered as I have… … a £150/year premium.

Not anymore you don’t!

Had a similar bump in my car earlier this year. Other driver pulled forward into end space on a row in a car park. I had to stop at the give way line the end of the lane as other cars had right of way. Other drive decides they aren’t straight enough in the bay so backs out to straighten up. I see the reversing lights but have no where to go due to traffic beyond the give way line and another car close behind. All I could do was lean on the horn. They reveresed into the side of my car damaging the wing and bumper. They admitted full liability and offered to pay for the damage. When the quote came through they wanted to put it through their insurance, still admitting full liability and their insurance paid out no problems. It might have been different if they contested blame, but it’s hard to justify T-boning some one.

You were driving along (albeit backwards) on a ‘road’ and he pulled out into you without looking. His fault.

What he says about “50/50” is irrelevant, he could blame Godzilla for the difference that makes. It’s down for the insurance to decide blame (though I’d be pushing for a decision in your favour personally).

sharkbait – Member

Damage

The other driver’s fault.

If he contest you track him down and smash his car in …

😯

The damage should make it pretty open and shut tbh, it doesn’t matter how many witnesses he can produce, he reversed into you. There’s things you maybe could have done to prevent it but that doesn’t make you liable.

You were driving along (albeit backwards) on a ‘road’ and he pulled out into you without looking. His fault.

Nope, it’ll be 50/50 – where nijee?

I really try not to get myself into the van drivers situation if I’m in the van, especially if it means being parks next to other vans. You can see diddly of what you are pulling out into. As a consequence I’m now stupid cautious when going past vans parked like in car parks.

Gut feeling is it’ll go 50/50 if he contests (probably using your going backwards as mitigating). In insurance terms the value is so small it’s just not worth their admin time fighting it for you.

Hate to say this but by not notifying your insurer within 24/48 hours you may have an issue with getting paid.

After a cycle accident, hit by a car, I had an offer to settle 23.5 hours after because if i was going to push it they had to tell insurers in 24 hours or risk invalidating the claim.

He hit me with, mostly with the corner of his bumber, in the middle of my drivers side back door (4 door golf).

It’s his fault.

If the damage was on your rear corner and his, he’d have a case for split liability.
It isn’t, he doesn’t.