Car got smashed on the way home tonight, any advice? - HotUKDeals
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Car got smashed on the way home tonight, any advice?

TGB Avatar
6y, 11m agoPosted 6 years, 11 months ago
Evening HUKD, your expertise is needed!

I dropped someone off tonight and on my way home I got hit by another car (a Toyota Hilux Invincible...yeah) to be precise.

I turned and drove down a road that eventually became bumper to bumper with cars and I saw everyone turning around, obviously something was going on up ahead. With no time to waste, I put my hazards on (no cars behind me at this point) and steered right to start a 3 point turn. Then smash - a car went into me. I wound the window down, ask if he was ok then asked whether he'd seen me, he said he thought I was turning into a drivway, I said 'no I was doing a 3 point turn, didn't you see my hazards?)

He looked at his car (giant 4x4) and there was only a scratch on there, he said it wasn't worth him worrying about. I told him that I could hear scraping at the back of mine so let's have a look.

It knocked my bumper upwards and the left part into my back left wheel. My little Swift hatchback had obviously come off worse for wear in this round. The guy kindly helped me take the bumper off the back wheel so I could get it home, after swapping details/phone numbers. He said his vehicle is a company car and he isn't sure of the insurance details, but wrote down his name/company address/mobile number.

Now, I hear you say, if someone goes into the back of you, they're at fault. I thought this was pretty clear cut at first but after some thinking I remembered the scratches on his car wern't on the front, they were to the side, which would suggest this happened as I was in the reverse part of the turn. I'm afraid the insurance company would say, at worse, I reversed into him, or go 'tit for tat'. I have a massive excess and this is my first year on my own policy so I couldn't afford to lose.

I took the car to my mechanic tonight for him to look over. He can reattach the bumper and clean it up for quite cheap, leaving just a scratched up car (also slight dent near side arch). He said that if the insurance company took my side (which they should do, although he too said it wasn't clear cut as it probably happened in reverse) the car could get written off as it'd need a new bumper, side arch and various other things.
He suggested I ring the guy and ask him where he wants to go from here.

At this stage I plan on calling the guy tomorrow, not expecting him to admit liabilty and sending the car to my mechanic to fix at my cost. I don't want to play russian roulette with my insurance company on the chance I could lose my no claims, excess, etc.

Do any of you have any advice?

Thanks !!!

tl;dr - car drove into me as I was in a 3 point turn with my hazards on. It would seem the point of impact happened when I was in reverse, which makes me worry that my insurance company would see it as me reversing into him / tit for tat.
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TGB Avatar
6y, 11m agoPosted 6 years, 11 months ago
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#1
at the time wasn't liability spoken about?
#2
you must know what happened and who was at fault?
#3
you dont have to go through the insurance, if the other drivers ok with that
#4
ClarityofMind
you must know what happened and who was at fault?


100% his fault mate - he obviously just drove down the side of my during a 3 point turn. What I'm afraid of is that because I would have been in reverse when this happened his insurance would claim I reversed into him. He said he thought I was turning right, of course not, I had my hazards on. There was several cars in front of me doing the same thing. No liability was mentioned at the scene, and no one bothered to stop.

I wish I could just do this through the insurance and forget about it as I know he just drove down the back of me mid-turn. I just can't afford it going the other way / tit for tat.
#5
Tricky. It seems that hes not bothered and if it doesnt cost much to fix yours i wouldnt bother with the insurance company. He will not admit liability even if it was his fault, His insurance company will tell him not to admit liabiltiy.

I had a really bad crash a couple of years ago. the police took statements and the other guy admitted it was his fault to the police and made a a statement to that effect, but when it came to the insurance side off things said he denied liabilty. Insurance is a nightmare! good luck with whatever you decide to do!
#6
I used to work for an insurance company dealing with motor claims, from what you are saying you would be held liable as the reversing party always is. Think it sounds like a scenario where they may ask you for independant witnesses as it will end up being your word against his and if he disputes it may be tricky for you.
#7
tinkerbell28
I think if the accident happens whilst you are in reverse from an insurance point of view you are at fault as you should always stop and check with the manouvere and give way to to others, it's what I always thought. I have to turn in the road every day where I go and fools will just drive around you, have to be so careful.


This is what I'm afraid of! I checked my mirrors and around my shoulder as usual, there was no one behind me. I didn't see anyone until point of contact, where he was moving. Just came right down the side of me.

I tried calling him earlier to ask where he'd like to go from here, but no answer. I'll try again tomorrow. :)
#8
TGB
This is what I'm afraid of! I checked my mirrors and around my shoulder as usual, there was no one behind me. I didn't see anyone until point of contact, where he was moving. Just came right down the side of me.

I tried calling him earlier to ask where he'd like to go from here, but no answer. I'll try again tomorrow. :)


If there is no damage to his car he is probably not bothered and may not answer your calls
#9
tinkerbell28
Did you look out the back window whilst reversing? I have to do it everyday where people play crazy kids on country roads, ALWAYS look out the window where you are going, then in the case of a racer coming up you can see and stop.


Well I remember turning my head to the left to look both ways, usual stuff. I really did do everything I'd usually do to check to see everything was clear, this guy just came out of no where.

I think from the replies I'm quite lucky the damage done wasn't as bad as it could have been (according to mechanic) so I'll probably pay to get it fixed this weekend.

This is the thing that hit my little 1l hatchback: http://www.caradvice.com.au/wp-content/uploads/2008/09/toyota-hilux-2009-25.jpg - I have to admit, that makes me smile -- of all the cars that could have hit me!
#10
I can pretty much guarantee the insurance will find in his favour,For a start hazard lights are only to be used when stationary,Second if you turned right then he will have only seen your right side indicators which would have told him you were turning right, also as soon as you start reversing then that is the same as driving forwards and you drove into the side of him,
#11
TGB
100% his fault mate - he obviously just drove down the side of my during a 3 point turn. What I'm afraid of is that because I would have been in reverse when this happened his insurance would claim I reversed into him. He said he thought I was turning right, of course not, I had my hazards on. There was several cars in front of me doing the same thing. No liability was mentioned at the scene, and no one bothered to stop.

I wish I could just do this through the insurance and forget about it as I know he just drove down the back of me mid-turn. I just can't afford it going the other way / tit for tat.


Have you not thought about how a car with hazards looks if you can only see it turning to one side?
#12
pghstochaj
Have you not thought about how a car with hazards looks if you can only see it turning to one side?


Yes, but he would have seen them on before I turned, it was a fairly long road.

Def gonna cut my losses I think. Will book my car in tomorrow. I will call the guy to make sure he's happy sorting things out among ourselves.

:santa:
#13
tinkerbell28;7193745
I think if the accident happens whilst you are in reverse from an insurance point of view you are at fault as you should always stop and check with the manouvere and give way to to others, it's what I always thought. I have to turn in the road every day where I go and fools will just drive around you, have to be so careful.


+1 - Your fault as you shouldn't be doing a 3 point turn on a busy road. By having your hazards on does not give you right of way. You still need to ensure it is safe to proceed (forwards or reverse) before moving. If you didn't know he was there, you couldn't have been looking around to make sure it was safe to go.
#14
Why don't you call him, and ask instead of going through insurers, to maybe let him pay for your car to be fixed?
He obviously isn't bothered about a small scratch on his car, and so maybe he would prefer it, It's a quicker route to go down aswel, spose no harm in asking- also saves your car getting written off.
Was there any witnesses who saw this, as you said the road was busy with people turning?
#15
When doing a 3 point turn do NOT use your hazards as this will only tell people that you are a stationary hazard to be avoided ! If you want to turn put on your right hand indicator and LOOK WHERE YOU ARE GOING (especially in reverse). When reversing if you hit anything you are in the wrong as you are the one doing something out of the usual and should therefore be the one taking extra care.

You say it was a long road and he should have seen your hazards - well in that case you should have seen him coming and taken appropriate precautions - ie stopped until he had either stopped for you or driven past you.
banned#16
The Therapist;7194969
+1 - Your fault as you shouldn't be doing a 3 point turn on a busy road. By having your hazards on does not give you right of way. You still need to ensure it is safe to proceed (forwards or reverse) before moving. If you didn't know he was there, you couldn't have been looking around to make sure it was safe to go.

+1

Its definitely your fault as you were reversing. How could the other driver be at fault as your reaar bumper hit him in the side? If I saw your hazards on and you were pointing towards the kerb (possibly a driveway), then I would think you had broken down or were pulling into a drive so I would go past you.

Insurance will definitely decide it is your fault.
banned#17
*katie*;7194991
Why don't you call him, and ask instead of going through insurers, to maybe let him pay for your car to be fixed?
He obviously isn't bothered about a small scratch on his car, and so maybe he would prefer it, It's a quicker route to go down aswel, spose no harm in asking- also saves your car getting written off.
Was there any witnesses who saw this, as you said the road was busy with people turning?

I think you mean that the OP has to pay for the damage to the other car! :w00t:

A driver cannot cause damage to someone elses rear bumper with the side of their car unless they are doing a handbrake turn lol! :thinking:
banned#18
Heres the outcomes:

Go through insurance and see what happens.

Take it private and decide with the fella what to do.

Get it repaired yourself out of your own pocket.

At the end of the day you'll need to mess around with your insurer for ages, especially over Christmas.
You will also then have to mention you had a claim on next years policy, lose your no claims too.
Also factor in the cost of repair compared to your excess + insurance premium increase next year.
banned#19
csiman
I think you mean that the OP has to pay for the damage to the other car! :w00t:

A driver cannot cause damage to someone elses rear bumper with the side of their car unless they are doing a handbrake turn lol! :thinking:


If the hatchback was quite far onto the drive and then started reversing, technically they'd have reversed into the SIDE of the truck.
banned#20
wierdowoss;7196052
If the hatchback was quite far onto the drive and then started reversing, technically they'd have reversed into the SIDE of the truck.

which is exactly what happened :thinking:
#21
OP, ask on http://forums.pepipoo.com/ they will give you very good advice
#22
hi, first off, sorry to hear about your bump. The good news is that the police would not be interested in pursuing an offence as it is a damage only RTC and we would require evidence of careless driving to pursue.
I would need more detail about the road layout to be honest. ie had you cleared your lane before reversing back into it. Had the other driver continued ahead before your lane was cleared?
was it a residential road with driveways? where there other vehicles in the road either side - the law states that "owing to the presence of a motor vehicle on a road, an accident occurs......" so are you able to describe the scene in more detail. What contributing factors were there? where there any defects on either vehicle? was either party drunk? Where there any witnesses, cctv etc.
There are loads of things we would look at at the scene. main thing is no-one is hurt. However, you are now left with the costs. I would suggest that if he has anticipated you clearing the lane and has moved forward into your car prior to this happening then he is to blame. If you cleared the lane and then reversed back into the lane then it is yours.
good luck with sorting it out, let me know if I can help any further

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