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some said before… carparks etc rules are different to main roads etc….
do I make sense……?????? im givin up….
Car park rules are the same as for public roads PROVIDED they are open and the public has a right of access or use at the relevant time – i.e. the Road Traffic Acts apply just as much there as they do on a public highway.
Hey GB, glad you’re ok. Don’t worry they’re definitely to blame, had a similar thing happen to me a few years ago, my mam was about to pull out of a parking space when the guy in the parking space infront decided to reverse into us and ended up on the bonnet. He accepted full responsibility at the time and swapped details. A week later we got a letter through off his solicitor saying we’d reversed into him! ( fairly stupid claim to make considering all the damage was to the front of our car ) but it got sorted in the end. The main thing is to try to get it sorted ASAP, and like everyones said, they should have checked it was clear before reversing, it was entirely their fault and any solicitor will tell you the same ( just hope it doesn’t come down to that! )
i had a crash in a car park once when some nob was driving round a 1 way car park the wrong way and he crashed into me …. the result was that we were both at fault – was settled 50-50 … dunno how they came to that conclusion cos it was his fault , and it doubled my insurance premium cos i lost all my no claims.
@geordiebird wrote:
well i say a crash i mean a slight bump but still :(
was in car park at a shop and i was on my way to the exit. this women in a very nice new mondeo starts to reverse into my pathway. she didnt see me and reversed right into the side of me!!!
who is to blame?
she says me coz i should have stopped when i saw her reversing.
i say her as she was reversing into my path.anyway we’ll have to see what happens.
there was a witness but he said he didnt see much :roll:
i think she maybe tried to intimidate me as i have my p plates on as a new driver and my car is only a n reg punto were hers is brand new
Aaah chuck, well here I am, an expert an all………..being in the middle of an insurance claim regarding EXACTLY the same incident as you have had !
Third party reversed into the side of my car………and didn’t stop, hence a bit of a dent (new wing, new light fittings, respray and repair to front valance…….. :roll: ) anyhoo, my insurance company have pretty much said she is to blame – although at present she is apparantley contesting this and has “by magic” summoned up an invisible witness, but again, my insurance company are waiting with baited breath to see how she can turn her statement round and show how she hit my car but it being my fault.
So, in my “professional” opinion honey – get the biatch goddamit ! :D
@forumhostpb wrote:
@geordiebird wrote:
well i say a crash i mean a slight bump but still :(
was in car park at a shop and i was on my way to the exit. this women in a very nice new mondeo starts to reverse into my pathway. she didnt see me and reversed right into the side of me!!!
who is to blame?
she says me coz i should have stopped when i saw her reversing.
i say her as she was reversing into my path.anyway we’ll have to see what happens.
there was a witness but he said he didnt see much :roll:
i think she maybe tried to intimidate me as i have my p plates on as a new driver and my car is only a n reg punto were hers is brand new
From what you have said so far, and the outline facts that you have given, the law on liability is quite clear. IF you were driving oin a ‘straight line’ towards the exit of this car park and IF the Third party reversed out of a parking place into your path (or indeed into your side), then the Third Party is wholly at fault and will have to take 100% of the blame for the accident.
If she says ”you were going too fast” then the question is if she knew this, why didn’t she simply stop???
If she says ”I didn’t see you” or similar, then she has to accept liability for failing to keep a proper look out.
When ANY driver reverses ANY vehicle, the law REQUIRES that they keep a particular look out for other vehicles, pedestrians, or obstructions in their way and take the neccessary action so as to avoid a collision. Clearly by failing to stop, she failed to take ANY action so as to prevent a collision and therefore was driving ”without due care and attention”.
It would assist you if you could state in your insurance claim (you are insured aren’t you???) that you had NO opportunity to avoid the collision as she simply reversed out without any warning and without stopping. Also it would be most helpful IF you sounded an ”audible warning” (hooted the horn) even at the last moment, whether she heard it or not (if you see what I am getting at !!!).
Please tell us what type of insurance you have (RTA Only; Third Party; TP F&T; Fully Comp etc etc) and I will advise you on how best to proceed from here.
Hope that this helps.
That’s handy to know Mr PB – but a bit bloody late as I’m in the middle of my claim grrrr !!!!! *shakes fist*
Although my “witness” has stated to the solicitors that the biatch that hit my car did say that she didn’t see me……….so that’s Morty One – Blind Biatch NIL :D
@morticia wrote:
@geordiebird wrote:
well i say a crash i mean a slight bump but still :(
was in car park at a shop and i was on my way to the exit. this women in a very nice new mondeo starts to reverse into my pathway. she didnt see me and reversed right into the side of me!!!
who is to blame?
she says me coz i should have stopped when i saw her reversing.
i say her as she was reversing into my path.anyway we’ll have to see what happens.
there was a witness but he said he didnt see much :roll:
i think she maybe tried to intimidate me as i have my p plates on as a new driver and my car is only a n reg punto were hers is brand new
Aaah chuck, well here I am, an expert an all………..being in the middle of an insurance claim regarding EXACTLY the same incident as you have had !
Third party reversed into the side of my car………and didn’t stop, hence a bit of a dent (new wing, new light fittings, respray and repair to front valance…….. :roll: ) anyhoo, my insurance company have pretty much said she is to blame – although at present she is apparantley contesting this and has “by magic” summoned up an invisible witness, but again, my insurance company are waiting with baited breath to see how she can turn her statement round and show how she hit my car but it being my fault.
So, in my “professional” opinion honey – get the biatch goddamit ! :D
yip i need a new wing and respray too :roll:
bloody pain in the arse eh.
itll be a pain for me too as shes not taking responsibility and of course im not
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