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Car accident-my fault or theirs ?

milerclaire Avatar
8y, 2m agoPosted 8 years, 2 months ago
Yesterday whilst pulling up to park at the side of the kerb I indicated left and pulled in front of a parked vehice on my left. I immediately began to reverse (as i always do) to staighten up my car and so as not to leave a too big a gap between my car and the already parked car. At which point I heard a crunch. I immediatley checked my rearview mirror and could see nothing but then looked over my shoulder to see a car at the back of my car on my right. She was trying to pull in behind me whist I was reversing. My argument to her was that she was too close and she have given me time to park adequately and hers to me was that i should have checked my blind spot before beginning to reverse. She's right I never checked my blindspot just me rearview mirror and then the wing mirror on the passanger side whist I was reversing to line it up with the kerb. Damage has been done to the rear right hand corner of my car and the front left of hers Who would you say was at fault ?
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milerclaire Avatar
8y, 2m agoPosted 8 years, 2 months ago
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#1
You, for not looking where you were going, and her, for also not looking where SHE was going.

Both insurance companies will claim 'tit for tat' i.e. yours will pay for your damage, hers will pay for her damage.
#2
why was she close to you knowing you were reversing that would me point of the argument

was there any witnesses involved?
#3
That was mine!
#4
yh, I'd say both too I'm fraid. What a nightmare x
#5
I'd say both - yes, you should always check your blind spot, but at the same time she was a bit of a twit for not waiting given that your reverse lights were on, the impatient mare.
#6
Only thing I am concerned about is my no claims bonus-i protected it ,but having made a claim earlier in the year I have now checked the small print which states that I am only allowed to make one claim in the year
#7
milerclaire
Only thing I am concerned about is my no claims bonus-i protected it ,but having made a claim earlier in the year I have now checked the small print which states that I am only allowed to make one claim in the year


nodding my head
#8
Insurance companies will settle 'knock for knock' I'm afraid. It's quickest and cheapest for them.
#9
I could be wrong but if she hit you in the rear then she is at fault irrespective of the fact you reversed into her! Something to do with not leaving enough space between you and the driver in front.
#10
BECKYBOO
I could be wrong but if she hit you in the rear then she is at fault irrespective of the fact you reversed into her! Something to do with not leaving enough space between you and the driver in front.


yep i think so too. Have you got a legal helpline? and did you take pics?
#11
BECKYBOO
I could be wrong but if she hit you in the rear then she is at fault irrespective of the fact you reversed into her! Something to do with not leaving enough space between you and the driver in front.


Yep I think that too, But don't admit that you didn't check your blind spot, That's an easy way for the other parties insurers to say it was your fault.
#12
Diagram please.

You pulled in in front of a car, and then proceeded to reverse back, without making full observations, into another car? That had pulled in front of the car as well.

Draw us a diagram to show the position of cars
#13
Annoying thing is too-is that a uniformed Policeman witnessed the whole thing as he was parked further down the road facing us. He jumpd out to make sure we were ok and just to check that we knew which details to swap and then got back in the truck/lorry and drove off. Neither of us thought to ask if he would be a witness or to ask who was at fault. Have been into police station this morning to be told that there is no way they can trace who it was as didn't get Reg of vehicle-even though it was a huge blue lorry that said horses on the front!!!
#14
out of curiosity, what were the circumstances of your other accident?
#15
peodude
Diagram please.

You pulled in in front of a car, and then proceeded to reverse back, without making full observations, into another car? That had pulled in front of the car as well.

Draw us a diagram to show the position of cars


don't know how to do diagrams on here i'm afraid-am pretty new!! I pulled in front of an already stationary vehicle. I then reversed back to straighten up the car (as had obviously gone in at an angle) and to move closer to the already parked car )to minimise space left. The lady who had been driving directly behind me (before i pulled in) said she thought I was parking further down the road and that there was space for her to get in behind me so she pulled in. Her car ended up in the middle of the road with damage to her front left corner bumper and mine with damage to the rear right corner of the bumper.
#16
peodude
out of curiosity, what were the circumstances of your other accident?


Cheeky sod. my boyfriend actually reversed my car into a post!!!
banned#17
surely if you had just started to reverse and she was about to pull in then the cant be that much damage to either cars
#18
sassie
surely if you had just started to reverse and she was about to pull in then the cant be that much damage to either cars


Both scratched and dinted on corner of bumpers
banned#19
milerclaire
Both scratched and dinted on corner of bumpers


so cant you both sort your own cars out without insurance, sorry if that sounds dim im not really up on the cost of these things
#20
"NO claims BONUS is exactly what it says"

try asking your insurance company if they do free insurance
#21
sassie
surely if you had just started to reverse and she was about to pull in then the cant be that much damage to either cars


sigma
I don't know the full details obviously, but the lack of independant witness may mean that the insurance company will settle 50/50 as they normally need proof that one party was at fault because both of you say the other was moving. Something similar happened to my husband (ie no witnesses so one word against the other) & that's how the insurance company dealt with it. Means a claim on your insurance though which will effect your no claims & your renewal premium for next 3 years. May be worth trying to negotiate something personal ? Just a thought, if you consider what cost will be added to future premiums.

Seems really bad luck as the other woman seems to be a fault on the face of it, but proving this for insurance purposes is difficult, especially if she goes down the line that you actually reversed back into her while parking. Good luck though & hope you can get it sorted out ;-)



Only thing is she was very aggressive and a bit scary to be honest and I don't particularly want to have any dealings with her. Am gonna get a quote this weekend for having mine fixed and then maybe take it from there. If I really do have to phone her then I will. Thanks for advice x
#22
casparwhite
"NO claims BONUS is exactly what it says"

try asking your insurance company if they do free insurance


I had paid extra to protect my no claims though!!! Blimey-it's the weekend- chill!!
banned#23
milerclaire
I had paid extra to protect my no claims though!!! Blimey-it's the weekend- chill!!


i think you have mistook what they have said, they are saying a protected policy should be exactly that, or call it one claim allowed per a protected year
#24
sassie
i think you have mistook what they have said, they are saying a protected policy should be exactly that, or call it one claim allowed per a protected year


Just didn't realise it only protected you the once.(my fault for not reading the small print though!!) saying that -I didn't expect to be making a claim at all as I have never been involved in accident until yesterday (after driving for 15 years) s**t happens I suppose!!!
#25
thanks sassie

i dont think you can expect no claims bonuses to stick around forever if you keep claiming on them.

maybe worth looking at the bigger picture and maybe fixing it yourself and holding onto that bonus if its not gonna be an expensive fix...

might be better in the long run to keep that bonus, your call tho i dunno the specifics of your policy
banned#26
actually i think i have misread the post - lol
banned#27
casparwhite
thanks sassie

i dont think you can expect no claims bonuses to stick around forever if you keep claiming on them.

maybe worth looking at the bigger picture and maybe fixing it yourself and holding onto that bonus if its not gonna be an expensive fix...

might be better in the long run to keep that bonus, your call tho i dunno the specifics of your policy


lmfao i think i misread your post to - lol

i didnt realise it was called a no claims bonus, i thought it was something like a protected policy, me thinks i should now shut up :oops:
#28
zip!!
#29
Hi. Last time I spoke to my insurance company they clearly stated to me that whoever hits you from behind is automatically their fault unless they can proove otherwise. Highway code rule about you must keep a safe distance between you and the car in front of you, basic as that. The other driver should have made sure that you were stopped and parked rather than just driving in behind you. Clear cut as far I'm concerned. Take a note of her registration and the incident details, call you insurer and get them to pursue the damages on your behalf.

Hope this helps. Cheers.
#30
Its her fault trying she should have waited dont let here get away with it,
#31
I always belived that if somebody went into the back of your car that it was their fault regardless of the circumstances :?
#32
tangoed66
I always belived that if somebody went into the back of your car that it was their fault regardless of the circumstances :?


Generally, yes, that would hold true, but in this case, she reversed into them, If someone reversed into you at the traffic lights, would you say that was your fault.

As for this case, without a diagram (Paint and [url]www.imageshack.us[/url] ) we can't say who was at fault, possibly the OP, or a possible 50/50.
#33
peodude
Generally, yes, that would hold true, but in this case, she reversed into them, If someone reversed into you at the traffic lights, would you say that was your fault.

As for this case, without a diagram (Paint and [url]www.imageshack.us[/url] ) we can't say who was at fault, possibly the OP, or a possible 50/50.


If the OP was already performing her maneuver (reversing) then potentially the other driver drove into her therefore they are at fault. Unless the other driver had pulled into the space and was stationary and the OP then reversed into her then to be fair the OP will most likely be at fault.

If it were me then I would absolutely maintain that I was already maneuvering when the other driver drove into me!!

Hope you get away with it but DEFINITELY go through your insurance, If you decide to settle this yourself you may come out of it very out of pocket. Don't forget there are thousands that claim whiplash at a later date and if you settled without your insurer you wouldn't have a leg to stand on.

Your No Claims Discount (they only take 5 years as being the maximum) should be stepped back by 2 years until the claim is settled if it goes in your favour they will put it back up to its original state. If your found to be at fault then it will probably go down to 3 years NCD. and you wont be able to protect it again until you get to 5 years again.

HTH
banned#34
Agree with above, she drove into you while you were parallel parking.

Never accept fault, let your motor legal protection deal with it as long as you have it

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